Consultatio veteris cuiusdam iurisconsulti

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The so-called consultatio veteris cuiusdam iurisconsulti (for short: consultatio ) is a collection of legal opinions and other notices from legal scholars, presumably published around 450 AD in western Gaul . It transfers Diocletian legal ideas into post-Theodosian legal reality .

Due to the great historical significance of the Codex Theodosianus, which was created shortly before in 438 AD , various subsequent works such as the constitutiones Sirmondianae , the leges novellae and the consultatio of the so-called post-Theodosian legal literature were added until the Justinian legal compilations finally opened a new era in Roman legalism .

The French church reformer and Saint Ivo of Chartres is supposed to read the book in the 11th / 12th. Century used. The French expert Jacques Cujas, who is widely regarded as the founder of a historical school of Roman law - not to be confused with the historical school of law of the 19th century - got a manuscript from the collection around 1563, which he published under the title veteris cuiusdam iurisconsulti consultatio . With the publication he clarified that the writings had many annotated legal passages and legal notices, which related to currently pending proceedings and should also have significance for future court proceedings. It is still uncertain who the authors of the notices addressed to lawyers ( causidici ) were and to which schools of law they belonged. Only the evidence cited in the collection has been documented and comes from the Diocletian codices Gregorianus and Hermogenianus or from the florilegia of the pseudo-Pauline sentences, which are derived from them and serve the increasing claims of legal implication .

literature

  • Gustav Ernst Heimbach : The Consultatio veteris cuiusdam iurisconsulti , Leipziger Repetitorium 3, 1843, p. 154.
  • Detlef Liebs : Jurisprudence in late antique Italy (260-640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, p. 175 f.
  • Martin Schanz , Carl Hosius : History of Roman literature. Fourth part, 2nd volume: The literature of the fifth and sixth centuries. CH Beck, Munich 1920, ISBN 3-406-01398-8 , p. 175.

Remarks

  1. ↑ It is certain that Gaul had two legal cultural centers with Narbonne ( Colonia Narbo Martius ) and Lyon ( Lugdunum ); see. on Narbonne: Sidonius Apollinaris , Leo and Marcellinus in Carmina 23, introduction, text and commentary by Norbert Delhey . Berlin 1993 (Studies on Ancient Literature and History 40), pp. 446 ff. And 465 ff; at Lyons: Sidonius Apollinaris, Philomathius in Epistulae 1, 3 and 5, 17, 2 and 7.
  2. ↑ Another view does Franz Wieacker which in Otto Lenel gewidtmeten essay on Rome refers.
  3. ↑ Detlef Liebs : The jurisprudence in late antique Italy (260-640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, p. 175 f.
  4. ↑ a b c d Martin Schanz , Carl Hosius : History of Roman literature. Fourth part, 2nd volume: The literature of the fifth and sixth centuries. CH Beck, Munich 1920, ISBN 3-406-01398-8 , p. 175.