Aurelius Arcadius

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Aurelius Arcadius ( qui et Charisius ) was a post-classical jurist of the Diocletian - Constantinian era, around the turn of the 3rd to 4th century AD.

Arcadius is known only from six fragments of three writings that are contained in the Justinian digests . It can be seen from this that it appeared under different names at the time this advanced study book was being compiled. In the Liber singularis: De officio praefecti praetorio , which he brought in, he was called Aurelius Arcadius Charisius and was - which was to remain unique in the history of legal literature - listed with the official title: magister libellorum . From the Liber singularis: De testibus the name Arcadius qui et Charisius can be taken and in the Liber singularis: De muneribus civilibus it is called Arcadius Charisius. In any case, Charisius is an agnoma , as it is from the 2nd / 3rd Century occurs more frequently, especially among people from the Greek cultural area .

In terms of content, the libri dealt with legal questions about personal services, credit transactions and taxes ( De muneribus civilibus ) as well as questions about the use of evidence in court ( De testibus ). De officio praefecti praetorio deals with the role of the Praetorian prefect in the late antique age , in particular with the questionability of judgments of the prefect. Ever since Emperor Septimius Severus , these had been assigned perpetual jurisdiction. This book is an important source for the archaic writer Johannes Lydos , who in the 6th century, primarily in his work "On the Offices of the Roman State" ( De magistratibus ), intensely dealt with the imperial administrative apparatus and the change in the role of the praefectus praetorio had dealt with in late antiquity. Stylistically, his texts and legal advice are assessed as pragmatic, with no tendency to dogmatic sense of mission, but rhetorical sophistication can be attested.

Based on the list of Libell secretaries at Tony Honoré (here Arcadius could represent number 19), Detlef Liebs dates the man's core activity from the mid-280s to the time when the two Diocletian codices Gregorian and Hermogenianus (290s) were created ). Based on Franz Wieacker , Liebs continues to suspect that Arcadius could have been a student of Modestin .

literature

  • Gustav von Hugo : Textbook of Digests, more according to third parts and parts than according to books and titles and the ConstitutionsCodex , Seventh Volume, which contains the Digest, Berlin 1828.
  • Detlef Liebs : The jurisprudence in late antique Italy (260-640 AD) , Freiburg legal-historical treatises, new series, volume 8, Duncker & Humblot, Berlin 1987, pp. 21-30.
  • Detlef Liebs: Court lawyers from the Roman emperors to Justinian. Bavarian Academy of Sciences, Philosophical-Historical Class, Munich 2010, CH Beck, ISBN 978-3-7696-1654-5 , Arcadius Charisius .
  • Daniele Vittorio Piacente: Aurelio Arcadio Carisio un giurista tardoantico , Epipuglia 2012.

Individual evidence

  1. ↑ Qui et refers in the Roman social structure to the lower ranks of the aristocracy: Even the leadership of the Libell Chancellery, as a high exercise of office, was carried out by men of the second rank, regularly the knighthood .
  2. ↑ a b c d Detlef Liebs : The jurisprudence in late antique Italy (260-640 AD) , Freiburger Rechtsgeschichtliche Abhandlungen, New Series, Volume 8, Duncker & Humblot, Berlin 1987, pp. 21-30.
  3. ↑ Dig. 1, 11, 1.
  4. ↑ Dig. 22, 5, 1; 21; 25; and 48, 18, 10.
  5. ↑ Dig. 50, 4, 18.
  6. ↑ Iiro Kajanto: Supernomina , Helsinki 1966th
  7. ↑ So the Praetorian prefects had been withdrawn from sovereignty over military tasks, which were found in magistri equitum and magistri peditum .
  8. ↑ Thomas Francis Carney (transl.): John the Lydian, De Magistratibus. On the Magistracies of the Roman Constitution. Coronado Press 1971; Anastasius C. Bandy (Ed.): Ioannes Lydus on powers, or: The magistracies of the Roman state. introduction, critical text, translation, commentary, and indices. Philadelphia 1983.
  9. ↑ Detlef Liebs: Court lawyers from the Roman emperors to Justinian. Bavarian Academy of Sciences, Philosophical-Historical Class, Munich 2010, CH Beck, ISBN 978-3-7696-1654-5 , Arcadius Charisius .
  10. ↑ Tony Honoré : Emperors and Lawyers , Duckworth, 1981, pp. 115-119.
personal data
SURNAME Aurelius Arcadius
ALTERNATIVE NAMES Arcadius qui et Charisius
BRIEF DESCRIPTION Roman jurist
DATE OF BIRTH 3rd century or 4th century
DATE OF DEATH 3rd century or 4th century