«Prerequisites for the Legal Codification of Emperor Justinian»

Abstract

This article is devoted to one of the most significant deeds of the holy emperor Justinian the Great – his legal codification of Roman law, which in the literature is called the “Codification of Justinian.” The codification work, which was carried out under the faithful emperor Justinian the Great, can be confidently called a legislative reform, and not a simple compilation and collection of legislative material. It became not only one of the most significant events of his reign, but also the most ambitious reform of Roman law in general. It was Justinian’s codification that gave and gives researchers and politicians materials for the study and reception of Roman law. Such a large-scale event requires certain conditions, prerequisites, which are necessary for the successful implementation of reforms of this level. There are three of them: the condition of the legislation of the Roman Empire at the beginning of the reign of Justinian, which by 528 had already passed a long way of development and had a positive experience of codification work; external and internal political processes that have become a catalyst for the unification of legislation; as well as the personal qualities of the ruler himself, under whose direct leadership such a large-scale event was brought to an end. The article does not directly touch upon church topics, however, some provisions of his legislative reform in the light of the work on the codification of canon law may be useful.