Codex Hermogenianus

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The Codex Hermogenianus (that's the testimony of the name in East Rome ; in West Rome : Hermogenianus or Corpus Hermogeniani , generally short: CH ) was a compiled private collection of imperial constitutions ( leges ) of the epiclassical jurist Hermogenian from the year 295 AD. The codex is not direct Traditionally, it is reconstructed from later legal sources.

History of the Codex

It is assumed that the codex contained in its bulk imperial rescripts drawn up by the editor himself , notices on applications by Roman citizens , which regulated specific legal questions on the respective individual cases. Hermogenian was in the highest service of Emperor Diocletian from 293 to April 295 and chaired his imperial dragonfly chancellery ( magister libellorum ) for him.

As with the Codex Gregorianus (CG), it was a piece of legislation, probably even an integral part of the educational literature. In the course of time the Codex acquired the character of a legal book , which was recognized under Theodosius II as the official source of the constitutions. Both works were subject to a passion for order and collection typical of late antiquity . The most recently promulgated legal provisions were of particular interest . Hermogenian did without a systematic subdivision into libri , instead focusing on the subdivision of the material into about 100 subject titles. According to the research results, the Codex Hermogenianus (CH) is said to have been less demanding than its aforementioned sister project. Its scope was also a third of the CG . The constitutions were inscribed without naming the issuing emperor, but with the name of the addressee.

In principle, the CH took into account the title sequence of the CG . Hermogenian also linked various legal matters with one another in such a way that logically contradicting individual titles within a category could meet in a combination title. So he created the overall title De pactis et transactionibus . De pactis was a traditional individual title that came from a praetoric edict and dealt with material-legal, informal agreements. This was then summarized with the single title De transactionibus , which appeared for the first time in the CG , which dealt with legal transactions tied to legal forms, in particular with regard to the act of justifying them. In research, however, it is assumed that the materials must have been indivisible for reasons that have not yet been understood and that such a procedure was therefore necessary. Even those titles that dealt with the problem area of harassing lawsuits are difficult to classify, because they are merged with the enrichment law complex of excessive claims to form an overall title De calumniatoribus et plus petendo . Insofar as the systematics of the high-class Gaius , as evidenced by its institutions , clearly differentiated such different title contents and also set them apart in terms of the design system, this distinction was abolished at Hermogenian.

When bundling related topics, however, Hermogenian developed a dogmatic instinct. He shortened the Gregorian catalog about the places of jurisdiction , which extended to about ten individual titles , to just one. He also shortened the praetoric lawsuits for enrichment, tort law or pending penalties (title: Ex delictis defunctorum quemadmodum conveniantur successores ).

Advancement

In contrast to the CG or the Codex Iustinianus (CJ) , the CH was and is considered to be a rather unsatisfactory work in dogmatic terms. It is the same with the Codex Theodosianus (CTh) . The late antique digests therefore followed the system logic of the first two works mentioned. However, the CH was indirectly reflected in the CJ because the Lex Romana Visigothorum was included in which it was incorporated. According to the poet Sedulius , who came from Rome , Hermogenian is said to have brought about new editions of the codex in the years 306 and 319, possibly also in 320. The material for this was probably obtained from the archives of the East . It remains unclear what the new editions brought with them. The elimination of the emperor Maxentius becomes evident for posterity from the CTh in the year 313, as well as the radical repudiation of the Licinian constitutions. However, because the Codex Iustinianus has Licinian inscriptions from the years 314 to 319, the CTh is not only definitely excluded as a source, but also suggests that Hermogenian must have made thorough and later sporadic additions in his new edition of 306.

Further processing of the book excerpts from the Ulpian libri ad Sabinus contained in the Codex - they were addressed to the founder of the Sabinian and Proculian law school , Masurius Sabinus (1st century) - can be found in the Scholia Sinaitica assigned to the Berytus School of Law . The Codex Hermogenianus is also said to have had a decisive influence on the content of the Sententiae Syriacae . In addition to twenty-three rescripts from the Codex Gregorianus, two Hermogenian rescripts found entry into the Lex Romana Visigothorum of the Tolosan king Alaric . Ten of the Gregorian and both of the Hermogenian rescripts were provided with an interpretatio that originally served to explain the classic legal texts and today also provides information about the meaning and content of late ancient Roman law.

literature

  • Max Conrat (Cohn): On the culture of Roman law in the west of the Roman Empire in the fourth and fifth centuries after Christ , Mélanges Fitting I, Montpellier 1907, pp. 289-320.
  • Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 1 no. 21 (p. 16 f.).
  • Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau study books) ISBN 3-205-07171-9 , pp. 48–49 (49).
  • Nicole Kreuter: Roman private law in the 5th century AD: the interpretation of the Visigoth Gregorianus and Hermogenianus , also: Dissertation, University of Freiburg (Breisgau), 1990/91, Duncker & Humblot, Berlin 1993, ISBN 3-428-07551 -X .
  • Wolfgang Kunkel / Martin Schermaier : Roman legal history , 14th edition. UTB, Cologne / Vienna 2005, § 12 ( The Law of the Late Roman Period , Chapter 4, The Renaissance of Classical Law ), p. 196.
  • Detlef Liebs : Hermogenianus. In: Reinhart Herzog (ed.): Restoration and renewal. The Latin literature from 284 to 374 AD (= Handbook of the Latin Literature of Antiquity . Volume 5). CH Beck, Munich 1989, ISBN 3-406-31863-0 , pp. 62-64.
  • Detlef Liebs: Jurisprudence in late antique Italy (260-640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, pp. 137-143.

Remarks

  1. ↑ Pulled out in the CTh : 1.5.5.
  2. ↑ Extracted in an interlinear gloss on Vat. 270 and Coll. 6.5; and 10.3.
  3. ↑ Extracted in the Cons. 4.9; 5.6; 6.10; 6.12-14; 6.18; 9.1 and 9.18.
  4. ↑ a b c d e Detlef Liebs : The jurisprudence in late antique Italy (260–640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, pp. 137-143.
  5. ^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 1 no. 21 (p. 16 f.).
  6. ↑ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 48–49 (49): Codex denotes in difference a bound book for the papyrus roll, which reproduces the content comprehensively, is externally compressed and collects binding legal material.
  7. ↑ CJ : 1, 50,2 (as given in Constantinople in October 427 ).
  8. ↑ Cons. 4.9 and 6.19.
  9. ^ LRV : CG 1.
  10. ↑ plus petito : Gaius 4, 53-60; calumnia : Gaius 4, 174-181.
  11. ↑ CJ 2, 3 and 4; for the CG see LRV app. 1.3 and LRV CG 1.1; D. 2.14 / 15.
  12. ↑ CJ 3.1.8; 6,1,3; 7,16,41 and 7,22.3.
  13. ^ Wolfgang Kunkel / Martin Schermaier : Römische Rechtsgeschichte , 14th edition. UTB, Cologne / Vienna 2005, § 12 ( The Law of the Late Roman Period , Chapter 4, The Renaissance of Classical Law ), p. 196.
  14. ↑ Walter Selb: "Sententiae Syriacae". Session reports of the philosophical-historical class of the Austrian Academy of Sciences - OeAW, Volume 567. Publications of the Commission for Ancient Legal History, Volume 7. Verlag der OeAW. Vienna 1990. ISBN 3-7001-1798-1 . Pp. 189-192.
  15. ↑ Nicole Kreuter: Roman Private Law in the 5th Century AD: The Interpretation of the Visigothic Gregorianus and Hermogenianus (Freiburg legal-historical treatises), Duncker & Humblot, Berlin 1993, introduction.