By Charles M. Radding, Antonio Ciaralli
This publication strains the heritage of Justinians Institutes, Code, and Digest from past due antiquity to the juristic revival of the past due 11th century. It contains large dialogue of manuscripts and different proof, and plates of many vital manuscripts that experience by no means ahead of been reproduced.
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Additional info for The Corpus iuris civilis in the Middle Ages: manuscripts and transmission from the sixth century to the juristic revival
448. 65 Studies in the Glossators of the Roman Law (Cambridge, 1938), p. 3. 66 “Die Epochen der Rechtswissenschaft” (1914), repr. in H. Kantorowicz, Rechtshistorische Schriften, ed. Helmut Coing and Gerhard Immel (Karlsruhe, 1970), p. 3. paleography and history 29 From the Digest, Kantorowicz explained, Irnerius eventually moved on to the Code, which previously had been known only in excerpts, until the enterprise of legal study had been set on a ﬁrm footing. By the mid-1910s, therefore, virtually all elements linking the Digest to the juristic revival were in place except one—the Beneventan script of the hypothetical Codex Secundus.
To begin with, rather than being the work of one (or two) hands as described in the Schrader tradition and repeated by Krüger in his Kritik, eight scribes participated in the writing of this manuscript; the supplemental constitutions 33 Theodor Mommsen, “Zeitfolge der Verordnungen Diocletians und seiner Mitregenten,” [originally published in 1860] in Schriften, vol. 2, pp. 195–298, at p. 197. 16 chapter one found in the margins were the work of more than twenty other copyists, while still others contributed the marginal and interlinear glosses.
The fourth and ﬁfth centuries had seen a serious degradation of traditional Roman norms—what Ernst Levy termed the vulgarization of classical law. 5 As this example shows, this erosion of understanding was not conﬁned to minor practitioners in out of the way places, but extended to well-educated men in major centers. Even imperial legislation felt the pressure of this evolution, which Levy traced through the Theodosian Code among other sources. To the extent that the Justinianic codiﬁcation rolled back many of these changes, at both the conceptual and procedural level, placing it fully in force would have required the reeducation of judges and practitioners throughout the peninsula.