Vasilief, A History of the Byzantine Empire

Justinian the Great and his successors (518-610)

The legislative work of Justinian and Tribonian 

Page 7

An interesting shift of viewpoint in the study of the legislative work of Justinian has occurred recently. Up to now this work, with the exception of the Novels, has been considered primarily as an aid for a closer acquaintance with Roman law, that is, as of auxiliary, not primary, significance. The Code was not studied for itself and never served as a subject for independent investigation. From this viewpoint it was objected that Justinian, or rather Tribonian, distorted classical law by either abbreviating or enlarging the text of the original. At present, however, emphasis is placed on whether or not Justinian's work met the needs of his time and to what extent it did so.

The changes in the classical text are properly ascribed not to the arbitrariness of the compiler but to a desire to adapt Roman law to living conditions in the Eastern Empire in the sixth century. The success of the Code in accomplishing this purpose must be studied with reference to the general social conditions of the time. Both Hellenism and Christianity must have influenced the work of the compilers, and the living customs of the East must have been reflected in the revisions of the ancient Roman law. Some scholars accordingly speak of the eastern character of the legislative work of Justinian. The problem of contemporary historical-juridical science, then, is to determine and evaluate Byzantine influences in Justinian's Code, Digest, and Institutions. The Novels of Justinian, as products of current legislation, naturally reflected the conditions and needs of contemporary life.

In Justinian's time three law schools were flourishing, one in Constantinople, one in Rome, and one in Beirut. All other schools were suppressed lest they serve as bases for paganism. In 551 the city of Beirut (Berytus) was destroyed by a terrific earthquake followed by a tidal wave and fire. The school of Beirut was transferred to Sidon but had no further importance.

In Russia under the Tsar Fedor Alekseievich (1676-1682) a project was organized to translate Justinian's Corpus Juris into Russian. A German scholar published a contemporary report on the subject and called the project a deed worthy of Hercules (hoc opus Hercule dignum), but unfortunately it was not carried out

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