Justinian Institutes Book I Title 2 German Kingship Term Paper

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Justinian Institutes true test of the validity of a written philosophy, work of art or literature, or law is its endurance: How long it is used or appreciated and by how many people, and its reach to other cultures and societies. Based on this definition, the Institutes of Justinian have a very strong, enduring history of validity. Although written as far back as 535 CE, the ideas behind this set of Roman laws is still very relevant today.

Justinian's Institutes were composed in Constanstinople. It is one of the greatest legal documents of ancient times, summarizing over a thousand years of legal expertise. Justinian was the Roman Emperor in late antiquity, the last time that this empire could go on the offensive with any hope of winning. However, Justinian accomplished much during his tenure. His extensive building program has left the world some of the finest examples of Byzantine ecclesiastical architecture that still survive. It was also a memorable time of poets, scholars, philosophers and historians. And the publications he commissioned, The Codex Justinianus, the Institutes and the Digest of Roman jurisprudence, are continual reminders of the past achievements of Roman legal heritage.

Justinian's main philosophy was although all law is about persons, things and actions, the "law of persons" (jus personarum) is the most important. "There is little point in knowing the law," he observed, "if one knows nothing about the persons for whom it exists." Despite the fact that this division of law into persons and actions no longer exists, per se, Justinian was certainly correct when noting that there is no point in knowing the law if one knows nothing of the persons it governs.

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At the end of the Roman Empire, Roman law was forgotten for some time. It then was revitalized during the Medieval Times and then until more modern epochs. In many regions of the German Reich, Roman Law remained the primary source of legal rules until the introduction of the German Civil Code in 1900. Even today a special branch of the Ius Commune, known as Roman-Dutch Law, is the basis of the legal system in the Republic of South Africa. In fact, the Romans were the first to make law into a science. The first two centuries of the Common Era is called the classical period of Roman Law, because the law as taught and practiced best exemplified the classic characteristics of the Roman legal tradition.

Roman law is still known today because of the publications such as Institutes of Justinian, which is part of the Corpus Iuris Civilis, or the compilation of several law codes ordered by the Emperor. The Institutes can be compared to a major legal text book that covers 15 centuries of Roman law. An example of the Institutes is found in Book One, Title 2 "Of the Law of Nature, the Law of Nations, and the Civil Law." This states that the civil law of Rome and that of other countries is bound to be different, because the people who live there are not the same. However, they will share some similarities since humans are more like each other than the animals.….....

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