Herennius Modestinus

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Herennius Modestinus (German also Modestin ; * around 185) was a Roman late classical jurist on the threshold of the epiclassical .

Modestinus came from northern Asia Minor . He was a student of Ulpian . It gained legal importance through the citation laws of the Emperor Valentinian III. and Theodosius II , who added him to four other classical lawyers, namely Gaius (around 150), Papinian (around 150–212), Ulpian (around 170–223) and Iulius Paulus (late 2nd century / early 3rd century) binding authorities raised. The legal opinions of the scholars always mattered when court proceedings had to be dealt with.

Modestinus is associated with a rescript by Gordian from the year 240, which mentions one of his expert opinions ( responsa ) that he had prepared for a party to which the rescript was addressed. This report is part of his work Responsorum libri XIX and belongs to the genre of casuistic literature. Like other late classical lawyers, Modestinus continued to be the author of extensive educational works. These include the works Pandectarum libri XII , Regularum X and Differentiarum IX . After monographs ( libri singulares ) became increasingly fashionable, he wrote seven of them: De testamentis , De inofficioso testamento , De legatis et fideicommissis , De manumissionibus , De ritu nuptiarum , De differentia dotis and De praescriptionibus .

345 passages in the digest are taken from Modestinus' writings.

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Individual evidence

  1. The term "Epiklassik" stands in the field of law for the first period of late antiquity from the beginning of the imperial crisis of the 3rd century to the Constantinian turning point (see Detlef Liebs : Die Jurisprudenz im late Antique Italy (260–640 AD) , Freiburger Rechtsgeschichtliche Abhandlungen, New Series, Volume 8, Duncker & Humblot, Berlin 1987, pp. 283–287 (summary) - based on Franz Wieacker ).
  2. ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 17.
  3. ^ Wolfgang Kunkel, Martin Schermaier: Roman legal history. Cologne, Weimar, Vienna: Böhlau Verlag, 14th revised edition 2005, p. 201 f.
  4. Detlef Liebs : The Jurisprudence in Late Antique Italy (260–640 AD) , Freiburger Rechtsgeschichtliche Abhandlungen, New Series, Volume 8, Duncker & Humblot, Berlin 1987, p. 130.