Edictum Theoderici

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The Edictum Theoderici ("Edict of Theodoric") is a collection of legal provisions from late Roman law. The individual ordinances contain regulations for the safeguarding of public order, the procedural rules and furthermore civil and criminal law provisions. The term Edictum Theoderici regis is also used ("Edict of King Theoderic").

Since the Editio princeps in 1579, in the appendix to the writings of Cassiodor , by Pierre Pithou , it has been widely regarded as a decree of the Ostrogoth Theodoric the Great , which was probably published around 500. However, since Piero Rasi was published in 1953, this assignment has been controversial: Alternatively, an origin around 460 in the Tolosan Visigothic empire under Theodoric II is now sometimes assumed. Perhaps more recent finds of chapters of the edict in manuscripts of southern French origin speak for this, while the manuscripts used by Pithou have been lost. However, since today's southern France was temporarily under Ostrogothic rule, these finds do not have to speak against Theodoric the Great as the initiator of the collection.

According to older research, the edict was written by a group of Roman jurists on Theodoric's instructions; more recent research often considers the praefectus praetorio Galliarum Magnus of Narbonne to be a possible editor. In terms of content, it is largely based on Roman law with 154 - often very short - provisions ( capita ) ; it does not contain any new laws and applied to both Romans and Goths . In contrast to the Codex Iustinianus , which emerged a little later, the Edictum is not systematically structured and can therefore hardly be used as a legal manual. More recent research therefore interprets it more as part of Theodoric's self-portrayal, who in this way presented himself as the guardian and enforcer of Roman law in order to emphasize the legitimacy of his rule over the rump western Roman state.

Under the aegis of Justinian , the Ostrogothic empire was abolished, which largely led to the eradication of the traces of the edict. The legal provisions were replaced by the Justinian codifications. Individual manuscripts were nevertheless incorporated into individual chapters of the Codex Iustinianus and the Epitome Iuliani . They found further dissemination under the laws of the 8th century.

literature

Individual evidence

  1. ↑ a b Detlef Liebs : The Jurisprudence in Late Antique Italy (260-640 AD) , Freiburger Rechtsgeschichtliche Abhandlungen, New Series, Volume 8, Duncker & Humblot, Berlin 1987, pp. 191–194.
  2. ^ Mario Caravale : Ordinamenti giuridici dell'Europa medievale , Bologna 1994, p. 43, ISBN 88-15-04559-7

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