Legal historiography has generally paid little attention to Justinian's late legislation (the Novellae Constitutiones). In fact, cannot be denied that these laws - togrthe with the Breviarium Alaricianum - rapresented for centuries the Roman legal tradition on the European continent before the so-called revival of jurisprudence. When, at the beginning of the 12th century, the collection known as the 'Authenticum' re-emerged, the glossators found themselves faced whith a different mass of texts. In the Authenticum Justinian's constitutions are in larger number (134) and in integral Latin version. The new collection raised however a number of problems, beginning with its authenticity (which Irnerius strongly doubted). Authenticity apart, glossators wondered especially about the role these constitutions were to be assigned in relation to the others parts of the Justinian compilation. Various proposals were put forward, but it was necessary to wait for the normalization and standardization prompted by the Accursian 'Glossa ordinaria' befor a solution could finally be imposed.
I Glossatori di fronte alle Novelle di Giustiniano
L. Loschiavo
2022-01-01
Abstract
Legal historiography has generally paid little attention to Justinian's late legislation (the Novellae Constitutiones). In fact, cannot be denied that these laws - togrthe with the Breviarium Alaricianum - rapresented for centuries the Roman legal tradition on the European continent before the so-called revival of jurisprudence. When, at the beginning of the 12th century, the collection known as the 'Authenticum' re-emerged, the glossators found themselves faced whith a different mass of texts. In the Authenticum Justinian's constitutions are in larger number (134) and in integral Latin version. The new collection raised however a number of problems, beginning with its authenticity (which Irnerius strongly doubted). Authenticity apart, glossators wondered especially about the role these constitutions were to be assigned in relation to the others parts of the Justinian compilation. Various proposals were put forward, but it was necessary to wait for the normalization and standardization prompted by the Accursian 'Glossa ordinaria' befor a solution could finally be imposed.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
