Hermogenians Iuris epitomae

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Hermogenians Iuris epitomae ( ancient Greek ἐπιτομή , epitomé 'demolition', 'excerpt', 'excerpt', Hermogenian Iuris epitomarum libri VI - Latin : excerpts from the law ; short: IE ) is a around the turn of the 3rd to the 4th The six-volume codex of the epiclassical jurist Hermogenian , who worked for Emperor Diocletian as magister libellorum , was written in Milan in the 17th century .

Mostly it is assumed that the iuris epitomae originated around 300, around the same time or shortly after the Codex Hermogenianus , which dates from 293/94. Almost all of the applicable law has been compiled in extracts . Essentially, these were text sequences from the main works of the classical lawyers . The text compilation was divided into subject titles and divided into six books. From a methodological point of view, the work follows a structure based on case discussions and thus meets the requirements of a codex regulation in the systematized digest system . Quotations are not included in the abstracts, as Hermogenian deliberately avoided them.

On the one hand, the work deals with excerpts from Marcian's elementary literature, the so-called institutions . It is possible that parts of Modestin's rulebook regulae , at least from Paul 's manualia, are included. In addition, there are court decisions ( sententiae ) compiled by Hermogenian , and Hermogenian also included commentary literature in the collection. This is where the Severan late classics express themselves , namely once again Paul on his early classical colleague Plautius and Ulpian on Sabinius (from libri ad Sabinum ), who was an important teacher of the Sabine school of law . The references of the last-named jurists to current edicts are also contained in the epitome. De officio proconsulis by Ulpian and De iudiciis publicis as well as De delatoribus by Marcian represent the metier of monographs , which the late Roman jurists liked to use. Extensively discussed cases, so-called disputationes and quaestiones , can be found in connection with the case literature. The high classic Julian is represented by the expert digesta , the late classic Papinian with its responsa and quaestiones , the latter title also being represented by Paulus.

The author makes his own short remarks at appropriate points. He discusses problems from the specialist areas of entails and the iniuria concept of damage law . In addition, the content of the Codex Gregorianus and the most recent (pre-) Diocletian imperial constitutions are included.

literature

  • Herbert Hausmaninger , Walter Selb : Roman private law (Böhlau study books). Böhlau, Vienna 1981 (9th edition 2001), ISBN 3-205-07171-9 , p. 49.
  • Wolfgang Kunkel / Martin Schermaier : Roman legal history , 14th edition. UTB, Cologne / Vienna 2005, § 12 ( The Law of the Late Roman Period , Chapter 4, The Renaissance of Classical Law ), pp. 191, 203.
  • Detlef Liebs : Jurisprudence in late antique Italy (260–640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, pp. 143-144.
  • Detlef Liebs: Hermogenians iuris epitomae. On the status of Roman jurisprudence in the age of Diocletian (= treatises of the Academy of Sciences in Göttingen. Philological-historical class. Third series, number 57). Vandenhoeck & Ruprecht, Göttingen 1964 (dissertation, University of Göttingen 1962).

Remarks

  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. ↑ a b Detlef Liebs : Jurisprudence in late antique Italy (260–640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, pp. 143-144.
  3. ↑ There are residual doubts in the literature as to whether there is a personal identity between the creator of the Codex Hermogenianus and the iuris epitomae ; see: Herbert Hausmaninger , Walter Selb : Roman private law (Böhlau study books). Böhlau, Vienna 1981 (9th edition 2001), ISBN 3-205-07171-9 , p. 49; Detlef Liebs and subsequently, Wolfgang Kunkel / Martin Schermaier point out that it could be a Praetorian prefect of the same name who is mentioned in connection with the martyrs of Sabinus of Assisi ; insofar: Wolfgang Kunkel / Martin Schermaier: Römische Rechtsgeschichte , 14th edition. UTB, Cologne / Vienna 2005, § 12 ( The Law of the Late Roman Period , Chapter 4: The Renaissance of Classical Law , pp. 191, 203.
  4. ↑ Hermogenian also counts among the late classics: Theodor Kipp : History of the sources of Roman law , 4th edition Leipzig and Erlangen 1919, p. 141; Wilhelm Kalb: Rome's lawyers represented according to their language , Leipzig 1890, p. 144, also Fritz Schulz ; on the epiclassics (mostly): already Iacobus Gothofredus , Codex Theodosianus (Lyon 1665); Theodor Mommsen , Franz Wieacker ("Text levels of classical lawyers"); Max Kaser : Roman law as a community order . (= Law and State in Past and Present. Volume 126). Tübingen 1939.
    Compiled in: Detlef Liebs: Hermogenians iuris epitomae. On the status of Roman jurisprudence in the age of Diocletian (= treatises of the Academy of Sciences in Göttingen. Philological-historical class. Third series, number 57). Vandenhoeck & Ruprecht, Göttingen 1964 (dissertation, University of Göttingen 1962), p. 11 (introduction).
  5. ↑ Cons. 9.2; 5; 9.14 and 6.
  6. ↑ D 1,5,2.
  7. ↑ Detlef Liebs: Hermogenians iuris epitomae. On the status of Roman jurisprudence in the age of Diocletian (= treatises of the Academy of Sciences in Göttingen. Philological-historical class. Third series, number 57). Vandenhoeck & Ruprecht, Göttingen 1964 (dissertation, University of Göttingen 1962), p. 43 ff. (Elementary literature); P. 51 ff. (Comments); P. 71 ff. (Individual representations); P. 76 ff. (Case literature).
  8. ↑ Detlef Liebs: Hermogenians iuris epitomae. On the status of Roman jurisprudence in the age of Diocletian (= treatises of the Academy of Sciences in Göttingen. Philological-historical class. Third series, number 57). Vandenhoeck & Ruprecht, Göttingen 1964 (dissertation, University of Göttingen 1962), p. 92 ff. (Newer Kaiserrecht); P. 101 ff. (Hermogenian's independent considerations).