Bluhm's mass theory
The Bluhm mass theory was founded by Friedrich Bluhme in his 1818 essay "The order of fragments in the Pandect titles" . On the one hand, it describes the structure of the digests , in particular the arrangement of the leges in the individual titles; on the other hand, it offers an explanation for the question of how the lawyers of Emperor Justinian worked when creating the digests.
Compilation from 530 AD
At the end of 530 Justinian gave the lawyer Tribonian the order to form a commission that would bring together classical law in a collective work. Under the leadership of Tribonians, six commissioners and eleven additional legal scholars were given a free hand to evaluate all available (pre-) classical texts to determine whether they would be considered for a collection of laws. These were supposed to form a book of Justinian's compilatory oeuvre as “Digest”. Reduced to a twentieth of the material , 9142 excerpts (430 factual titles) by 39 lawyers were divided into 50 books ( libri ) and collected as digests or pandects based on classic work titles. Tribonian himself already gave information about this.
The findings of Bluhmes
From the arrangement of the material in the work, Bluhme concluded that three sub-committees had to have been formed, each of which had dealt with a certain part of the reading of the original texts and put them together according to the selection made. The respective editorial processing of the paper masses was then placed one after the other. After Bluhme had established that the sequence of fragments in the digest titles D. 50.16 ( De verborum significatione - On the meaning of words) and D. 50.17 ( De diversis regulis iuris antiqui - From old legal rules) followed very specific rules and within the individual digest titles the excerpts from certain groups of classical legal writings stood together, he tried to find an explanation for it:
- The first group mainly comprises excerpts from commentaries by late classical authors on the old ius civile , the libri ad Sabinum by the authors Ulpian and Paulus ; this group is therefore called "Sabinus mass".
- The second group comprises the so-called " Edict mass ", which essentially deals with excerpts from the edict commentaries ( libri ad edictum ), fee law ( ius honorarium ) of the high and late classics.
- The 3rd group comprises the responses and collections of quaestions of Papinians , Paulus and Ulpians , components of the Roman-classical problem literature , whereby the Papinian fragments mostly form the beginning, which is why the name "Papinian mass" results.
- In some titles a small 4th group (so-called "appendix mass") appears from different works. The underlying literature was distributed among the non-fiction books because it was only accessible after the editorial work had started.
literature
- Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau study books) ISBN 3-205-07171-9 , pp. 52–56.
- Uwe Wesel : History of Law: From the early forms to the present. CH Beck, Munich 2001, ISBN 978-3-406-54716-4 . No. 157.
- Franz Wieacker : Text levels of classical lawyers. Vandenhoeck u. Ruprecht, Göttingen 1960.
Web links
- David Pugsley: Opera jam paene confusa et dissoluta (tanta 1) Fundamina 20 (2) 2014, pp. 748–755 (English)
- Hessel E. Yntema: Roman Law and Its Influence on Western Civilization Cornell Law Review 1949, pp. 77-88 (English)
Individual evidence
- ^ Journal for historical jurisprudence , Volume 4, 1820, pp. 257–472; republished in the Italian magazine Labeo 6, 1960, 50 ff.
- ^ A b c Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 52–56.
- ↑ Tony Honoré : Justinian's Digest: The Distribution of Authors and Works to the Three Committees Roman Legal Tradition, 3/2006 (English)