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Justinian's "Institutes" 1st Edition

by Justinian (Author), Peter Birks (Translator), Grant McLeod (Translator),
4.8 4.8 out of 5 stars 7 ratings
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Text: English, Latin
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  1. ISBN-10
    0801494001
  2. ISBN-13
    978-0801494000
  3. Edition
    1st
  4. Publisher
    Cornell University Press
  5. Publication date
    June 18, 1987
  6. Language
    English
  7. Dimensions
    6 x 0.44 x 9 inches
  8. Print length
    160 pages
  9. See all details
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Product details

  • Publisher ‏ : ‎ Cornell University Press; 1st edition (June 18, 1987)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 160 pages
  • ISBN-10 ‏ : ‎ 0801494001
  • ISBN-13 ‏ : ‎ 978-0801494000
  • Reading age ‏ : ‎ 18 years and up
  • Item Weight ‏ : ‎ 10.2 ounces
  • Dimensions ‏ : ‎ 6 x 0.44 x 9 inches
  • Customer Reviews:
    4.8 4.8 out of 5 stars 7 ratings

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Justinian I, Emperor of the East

Justinian I, Emperor of the East

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Customer reviews

4.8 out of 5 stars
4.8 out of 5
7 global ratings

Top reviews from the United States

caty
5.0 out of 5 stars It is very good.
Reviewed in the United States on April 5, 2023
Verified Purchase
for research
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blazintommyd
4.0 out of 5 stars Well Written Introduction preferred translation
Reviewed in the United States on August 17, 2019
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If you're looking for the translation that most Roman Law aficionados prefer, this is it. The introduction alone is worth the price.
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Paul Marks
4.0 out of 5 stars The late Roman way of looking at law - that has had so much influence on the modern world.
Reviewed in the United Kingdom on January 31, 2013
Verified Purchase
It should be made clear at the start that this is not (as commonally supposed) a "code" of law. By the time of Justinian Roman law had become a vast tidal wave of orders-commands (covering every aspect of life) that could not really be put into a code form.

This book is the late Roman way of looking at civil law - the rules of property, of inheritance and so on. It takes it for granted that the Emperor can change any law (that the will of the ruler trumps natural law - the exact opposite of how a scholastic in the Middle Ages would see the matter), but the work also assumes that there is a science (in the old sense of a body of knowledge - and way of reasoning) involved in law - that one can not just say "law is whatever the Emperor orders" and leave it at that.

That is still the central paradox of the modern world - "in the end" we may live in a Hobbesian legal environment (where the rulers can do as they wish), but it is nto a naked Hobbesian "Legal Positivism", more than lip service is paid to the idea that law is linked to REASON (not just to arbitrary will).

The reasoning of this work essentially (more than anyone else) comes from Gaius (some centuries before) who took the contending schools of Roman legal philosophy (philosophy in the general sense of reasoning) and tried to make a straightforward conclusion to them - now that the Emperor Hadrian had basically taken over the legal profession and effectively put an end to a lot of the diversity of legal thought.

But this work is not just "The Institutes of Gaius - some centuries later" it is the considered opinion of later Roman legal thinkers, on the foundation of the work of Gaius and others.

Natural law exists - but is trumped both by the law of all nations (for example all nations have slavery - so slavery being wrong does NOT mean that slavery should end), and by the will of the rulers (the will of the Emperors in this case).

And certain ways of looking at the world lead to certain conculsions (for example there is no private property in fishing rights - in the sea or in rivers), because of the way Roman philosophy (Roman reasoning) took certain principles (the Emperor did not have to rule on it - although he could .....).

There is also the basic STRUCTURE of law - law of persons, law of things...... which is familar to people today, yet comes from Roman Law.
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