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Pandects

 

Pandects

The Digest, also known as the Pandects (Lat. Digesta seu Pandectae, adapted from Ancient Greek πανδέκτης pandektes, "all-containing"), is a name given to a compendium or digest of Roman law compiled by order of the emperor Justinian I in the 6th century (AD 530-533).

The Digest was one part of the Corpus Juris Civilis, the body of civil law issued under Justinian I. The other two parts were Institutes of Justinian, and the Codex Justinianus. A fourth part, the Novels (or Novellae Constitutiones), was added later.

The original Codex Justinianus was promulgated in April of 529 by the C. "Summa," which made it the only source of imperial law, repealing all earlier codifications. (For an English translation of the C. "Summa" see

Unfortunately, these authorities often conflicted. Therefore, Justinian ordered these conflicts to be settled and fifty of these were published as the "quinquaqinta decisiones" (fifty decisions). Soon after, he further decreed that the works of these ancient writers, which totaled over 1,500 books, be condensed into fifty books. These were to be entitled, in Latin, "Digesta" (Ordered abstracts) or, in Greek, "Pandectae" (Encyclopedia).[3] In response to this order of December 15, 530, ("Deo auctore"), Tribonian created a commission of sixteen members to do the work—one government official, four professors, and eleven advocates.[4]

The commission was given the power to condense and alter the texts in order to simplify, clarify, and eliminate conflicts among them.[5] The Digest's organization is complex; the fifty books, all contain several titles, divided into laws, and the laws into several parts or paragraphs. Research in the modern era has created a highly probable picture of how the commission carried out its task.[6] Approximately two-fifths of the Digest consists of the writings of Ulpian, while some one-sixth belongs to Paulus.[7] The work was declared to be the sole source of non-statute law: commentaries on the compilation were forbidden, or even the citing of the original works of the jurists for the explaining of ambiguities in the text.[8]

The principal surviving manuscript is the Littera Florentina of the late sixth or early seventh century. In the Middle Ages, the Digest was divided into three parts, and most of the manuscripts contain only one of these parts.[9] The entire Digest was translated into English in 1985.[10]

See also

Notes

External links

  • Roman Law Resources - a very good collection of resources maintained by Professor Ernest Metzger.
  • The Roman Law Library - by Professor Yves Lassard and Alexandr Koptev.
  • ISBN 978-0-521-04368-7(p)
  • -logo.svg 

Corpus Iuris Civilis complete

  • English translation (from Latin editions earlier than that of Mommsen and Krueger) by S.P. Scott, 1932; digitisedja:ローマ法大全#学説彙纂
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