Fragments of Autun

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The anonymous fragments of Autun (also: Gaius von Autun , or Fragmenta Interpretationis Gai Institutionum Augustodunensia , abbreviated Fragmenta Augustodunensia in sources for short: FA ) are a fragmentary paraphrase (commentary literature) on 15 palimpsest leaves and kept in the French city ​​library of Autun high classical institutions of Gaius , presumably from the 4th century AD

In 1899, the French paleographer Émile Chatelain published six sheets of the Palimpsest, after he had succeeded in identifying the scriptura inferior as a processing of the Gaian beginners' textbook the previous year . The erased manuscript was palimpsestated by a semi-uncial copy of the eight-load doctrine De institutis coenibiorum et de octo principalibus vitiis (“On the principles of the coinobites and the eight main trucks ”) by Johannes Cassianus . Paul Krüger completely edited the excellently erased paraphrase in 1912. Later editions are based on it.

It is assumed that the original manuscript dates from the late post-classical period of the first half of the 4th century and was made in Italy or in southern France, possibly even in Autun itself. In the research literature it has been and is discussed whether an earlier date of origin has to be considered. The prevailing view is that the author can sometimes be proven to be ignorant of the meaning of traditional legal terms. This suggests that the disputes with the great legal scholars Papinian , Paulus , Ulpian and Modestin must have been a long time in the past, at least probably one or two generations. On the other hand, a later date, beyond the middle of the 4th century, of the work is rejected, because the linguistic and didactic proximity to the legal lessons of the classics is still sufficiently recognizable. Although partially illegible, a total of seven fragments of the Gaian elementary work can be proven. The deciphered passages point to sources from three of the four books of Gaius: I, II and IV ( Gai inst. 1, 93–99; 124–129; 2, 162–171; 247–271; 4, 80–109; 4, 39 and 45/46. ). In terms of content, they deal with civil and civil procedural matters. Thanks to the Gaius paraphrase, knowledge of the stipulation wording in connection with inheritance purchases could be gained.

There is agreement in the research that the work must have been written as part of a legal course. The original text is presented verbatim, so that it can hardly be assumed that it was editorially influenced.

The Gaian work has largely been passed on indirectly to modern times. The altogether not very productive Augusto-Tunisian manuscript forms only a small component for the gain in knowledge. Significantly greater importance for research obtained which also late antique manuscripts of Collatio , the Epitome Gai (included in the Breviary of Alaric ), the institutions of Justinian and the Digest , the latter two as part of Justinian's legal system were created.

expenditure

  • Paul Krüger , Wilhelm Studemund (ed.): Institutiones ad codicis Veronensis apographum Studemundianum novis curis auctum. In: Collectio librorum iuris anteiustiniani: in usum scholarum. Volume 1. Weidmann, Berlin 1884, pp. Xl-lxvi ( digitized version ).

literature

  • Gerhard Dulckeit , Fritz Schwarz , Wolfgang Waldstein , J. Michael Rainer: Roman legal history. A study book. 11th, revised edition. CH Beck, Munich 2014, ISBN 978-3-406-65425-1 , § 39 II 2, p. 229 ff., ( The late Kaiserzeit (Dominat): The post-classical law and the codifications. ).
  • Detlef Liebs : Jurisprudence in late antique Italy. (260–640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, ISBN 3-428-06157-8 , pp. 144-150.
  • Theodor Mommsen : The pseudo-Gaius of Autun. In: Journal of the Savigny Foundation for Legal History , Romance Studies Department. Volume 20, 1899, pp 235 - 236 .
  • Hein LW Nelson: Tradition, structure and style of Gai Institutiones (= Studia Gaiana. 6). Brill, Leiden 1981, ISBN 90-04-06306-4 , pp. 80, 96 ff., 123 ff.
  • José-Domingo Rodríguez Martín: Newly discovered traces of writing in the Palimpsest of Gaius von Autun. In: Journal of the Savigny Foundation for Legal History, Romance Studies Department. Volume 130, 2013, pp. 478-487, doi : 10.7767 / zrgra.2013.130.1.478 , ( online ).
  • A. Arthur Schiller : Roman Law. Mechanisms of Development. Mouton et al., Den Haag et al. 1978, ISBN 90-279-77-44-5 , pp. 43-46.
  • Fritz Schulz : History of Roman jurisprudence. Hermann Böhlaus Nachhaben, Weimar 1961, p. 381 (first published in English translation under the title: History of Roman Legal Science. Clarendon Press, Oxford 1946).

Remarks

  1. ↑ a b c Detlef Liebs : Jurisprudence in late antique Italy. 1987, pp. 144-150.
  2. ↑ a b c Hein LW Nelson: Tradition, structure and style of Gai Institutiones. 1981, p. 96 ff. ( Online ).
  3. ^ Émile Chatelain: Les plus vieux manuscrits d'Autun mutilés par Libri. In: Journal des Savants . 1898, pp. 377-381 .
  4. ↑ According to the classification of the German Lutheran theologian Franz Anton Knittel (18th century), the palimpsest was referred to as codex sepultus , one of the best-erased examples of a template for scientific work; In his work Les plus vieux manuscrits, Émile Chatelain explains in footnote 1 (p. 379): “Nous avons là un palimpseste fort curieux en ce que la première écriture a été lavée dans la perfection, et qu'il faut faire bien attention pour apercevoir les traces de creux laissées par les premières caractères. The counterexample are the palimpsests, which are so superficially erased that the scriptura inferior becomes readable again over time and without the addition of reagents. "
  5. ↑ Your direct work primarily determines the early 3rd century.
  6. ↑ Example: The legal term ius latii is misunderstood as a variant of Roman civil law; However, its meaning as a right to foreigners, as ius peregrinus, was correct . According to Nelson / Liebs, the fact that the script was still very much attached to the classical school tradition speaks against a somewhat later date of origin, i.e. from the middle of the 4th century or the 5th century.
  7. ^ Ulrich Manthe : Das senatus consultum Pegasianum (= Freiburg legal-historical treatises. New series, volume 12). Duncker and Humblot, Berlin 1989 (habilitation thesis). Pp. 28-31.
  8. ^ Fritz Schulz : History of Roman jurisprudence. 1961, p. 381 characterized the work as a lemmatic commentary, which, according to Detlef Liebs, however, was done by Hein LW Nelson: Tradition, Structure and Style of Gai Institutiones. 1981, p. 123 ff. Is refuted.
  9. ↑ Hein LW Nelson: Tradition, Structure and Style of Gai Institutiones. 1981, p. 80.