Epitome Gai

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The epitome Gai ( ancient Greek ἐπιτομή , epitomé 'demolition', 'excerpt', 'excerpt', excerpts from the Gaius institutions , also: liber Gai ; short: GE ) are a post- Theodosian , western collection of imperial constitutions that emerged after the middle of the 5th century ( novellae ), which is believed to come from Gaul . The work consisted of two books ( libri ), subdivided into eight or eleven titles ( tituli ).

The work, which is commonly assigned to Vulgar law , consists of drastically simplified breviaries of a legal system originally created for apprenticeships in the 2nd century, the gaian institutions . Similar to the pseudo-Pauline sentences , the epitoms have been passed down through Western Roman legislation, but they must be regarded as a revision of an excerpt from the Institutiones Iustiniani that was only made in the early 5th century . The author of the draft was the high-class Roman lawyer Gaius . It is mainly assumed that the resulting paraphrases were written by a law teacher, but only for use in practical legal practice. The descriptions were therefore solely subject to the currently applicable law. It was transmitted and interpreted accordingly and only where necessary. The Italian legal historian Archi is said to have examined one of the paraphrases for the purpose of a post-classical paraphrase for school purposes, which could even have been made in a teaching institution.

At about the same time, probably also in Gaul, the so-called Consultatio veteris cuiusdam iurisconsulti , which referred to the codices Gregorianus and Hermogenianus , arose .

The Codex Theodosianus had already issued a comprehensive prohibition on incest . This prohibition repeated the epitome. On the other hand, marriage law now granted relief by the ban on marriage between Romans and barbarians . The anonymously written work by Epitome Gai found its way into the Visigothic Lex Romana Visigothorum and thus indirectly influenced the legal situation in southwestern Europe up to the High Middle Ages .

literature

  • Gian Gualberto Archi: L ' Epitome Gai . Studio sul tardo diritto Romano in Occidente, Milan 1937.
  • Wolfgang Kunkel / Martin Schermaier : Roman legal history , 14th edition. UTB, Cologne / Vienna 2005, § 10 ( The legal development of the late period up to Justinian ), pp. 187–207 (193).
  • 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.
  • Detlef Liebs: Roman law . Vandenhoeck & Ruprecht, Göttingen 1975 (Uni-Taschenbücher 465), ISBN 3-525-03118-1 ; New edition: Detlef Liebs: Roman law. A study book . 6th edition, Vandenhoeck & Ruprecht et al., Göttingen 2004 (UTB 465), ISBN 3-525-03141-6 .
  • Franz Wieacker : Roman legal history. Source studies, legal education, jurisprudence and legal literature . Volume 1: Introduction, Source Studies, Early Period and Republic . Beck, Munich 1988 (Handbook of Classical Studies: Department 10, Part 3, Vol. 1), ISBN 3-406-32987-X , p. 246 f.

Remarks

  1. ↑ a b 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.
  2. ^ Gaius, iur., Gai Institutionum Epitome (text in Latin)
  3. ↑ Example cases of updates (epitomized after Franz Wieacker): From the respectful observance of sacral law principles such as: sacra quorum illis temporibus summa observatio fuit ( Gai. 2,55.) A simple reference to the canonical institution: ecclesiae id est templa Dei vel ea patrimonia ac substantiae quae ad ecclesiastica iura pertinent (GE 2,1,1.); Things under divine protection ( res sanctae ) became racing or battlegrounds ( circus , arena ); the verbal stipulation term mutated into the declaration content of a guarantee (fideiussio ).
  4. ↑ At the end of the 19th century a comment on the institutions was found in France, the so-called Gaius von Autun . It is assumed that it was based on the classic original script, but that it was the 4th / 5th. Century attributable.
  5. ^ Wolfgang Kunkel / Martin Schermaier : Römische Rechtsgeschichte , 14th edition. UTB, Cologne / Vienna 2005, § 10 ( The legal development of the late period up to Justinian ), pp. 187–207 (193).
  6. ↑ Eberhard Friedrich Bruck : About Roman law in the context of cultural history , Springer-Verlag 1954, p. 160 ff.
  7. ↑ Cons. 1.6; 2.6; 9.14; 15 (Gregorianus) and Cons. 4.9 and 6.19. (Hermogenianus).
  8. ↑ the term was adopted by the Greeks in specific contexts
  9. ^ Karl Ubl : Incest prohibition and legislation. The construction of a crime (300–1100) (= Millennium Studies. Vol. 20). de Gruyter, Berlin a. a. 2008, ISBN 978-3-11-020296-0 (at the same time: Tübingen, Universität, habilitation paper, 2007), p. 197 f.
  10. ^ Franz Wieacker : Roman legal history. Source studies, legal education, jurisprudence and legal literature . Volume 1: Introduction, Source Studies, Early Period and Republic . Beck, Munich 1988 (Handbook of Classical Studies: Department 10, Part 3, Vol. 1), ISBN 3-406-32987-X , p. 246 f.