Leges novellae

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The official designation leges novellae applied to a legal compilation that followed the Codex Theodosianus (438 AD), the title of which has not been passed down. What is certain is that it contained imperial edicts . Research suggests that the collection was finalized between AD 460 and AD 461.

There is almost certain evidence that the work was published in the western Italian empire . Post-Theodosian laws were largely incorporated into the Lex Romana Visigothorum , where the leges novellae were incorporated in their entirety .

The work is represented by a single manuscript from the 10th century - from Gaul . Theodosius II was the first emperor of the Theodosian dynasty to be committed to the collection. In it he is referred to as divus ( divine , god ). Majorian , describes himself as dominus ( lord ), which suggests that the collection must have been created by him. The official name of the emperor by Diocletian was no longer princeps but dominus , ultimately to levels (often controversial) Identification of the age as Dominat had led. led.

Even though the title leges novellae is not traditional, legal historian Detlef Liebs assumes that the ad personam -related laws must have been called liber legum novellarum divorum Theodosii et Valentiniani Augustorum et domini Maioriani Augusti . As a justification, he refers to the fact that the collection was divided into three - originally titled - volumes of law and the novellae of the three emperors named, Theodosius II., Valentinian III. and Majorian, each executed independently. Due to a lack of recognition in Constantinople , the short reigns of the emperors Petronius Maximus and Avitus , whose overthrow and death Majorian was probably responsible for, were not included. Likewise, the laws of the Eastern Emperor Markian - which then reappear in the Visigothic lex - are missing , although this had already been recognized by Flavius ​​P. Valentinianus since 452. The imperial laws of Libius Severus and Anthemius were probably first included in the Lex Romana Visigothorum .

The individual parts of the collection are divided into 25 (possibly 26), 33 and twelve titles with one to four complete and chronologically sorted constitutions. Subscriptions in parts 2 and 3 reveal his origin in Italy; this is indicated by entry notes from the offices of the Praetorian prefect Maiorians from Ravenna . The Roman Senate Archives in the Trajan's Forum and promulgated laws there were even available for the Valentinian novellas .

The leges novellae are not to be confused with the novellae , which refer to the later Justinian imperial legislation.

literature

  • Giovanni Cristoforo Amaduzzi: Leges Novellae V. Anecdotae Imperatorum Theodosii Jun. Et Valentiniani III. Rome 1767 ( online ).
  • Wilhelm Ensslin : Maiorianus 1. In: Paulys Realencyclopädie der classischen Antiquity Science (RE). Volume XIV, 1, Stuttgart 1928, Col. 584-589, here Col. 585 f.
  • Detlef Liebs : Jurisprudence in late antique Italy (260-640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, pp. 188-190.
  • Detlef Liebs: Roman jurisprudence in Gaul (2nd to 8th century) (= Freiburg legal-historical treatises. New series, volume 38). Duncker & Humblot, Berlin 2002.
  • Ulrich Manthe : History of Roman law (= Beck'sche series. 2132). Beck, Munich 2000, ISBN 3-406-44732-5 , p. 108 f.
  • Theodor Mommsen , Paul Martin Meyer (eds.): Theodosiani libri XVI cum constitutionibus Sirmondianis et leges novellae ad Theodosianum pertinentes . 2 volumes, Weidmann, Berlin 1905 (work edition).
  • Otto Seeck : Avitus 5. In: Paulys Realencyclopädie der classischen Antiquity Science (RE). Volume II, 2, Stuttgart 1896, Col. 2395-2397.
  • AJB Sirks : The Theodosian Code. A Study (= Studia Amstelodamensia. Volume 39). Éditions Tortuga, Friedrichsdorf 2007, ISBN 978-3-00022-777-6 .

Web links

Remarks

  1. ↑ a b c Detlef Liebs : The jurisprudence in late antique Italy (260-640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, pp. 188-190.
  2. ^ A b Theodor Mommsen , Paul Martin Meyer (ed.): Theodosiani libri XVI cum constitutionibus Sirmondianis et leges novellae ad Theodosianum pertinentes . 2 volumes, Weidmann, Berlin 1905, Prolegomena S. XII – XVI.
  3. ↑ So at least Theodor Mommsen in his work Römische Geschichte , Vols. 1–3. Weidmann , Leipzig 1854–56.
  4. ↑ Ulrich Manthe : History of Roman Law (= Beck'sche series. 2132). Beck, Munich 2000, ISBN 3-406-44732-5 , p. 108 f.
  5. ↑ Wilhelm Ensslin : Maiorianus 1. In: Paulys Realencyclopädie der classischen antiquity science (RE). Volume XIV, 1, Stuttgart 1928, Col. 584-589, here Col. 585 f.
  6. ↑ Otto Seeck : Avitus 5. In: Paulys Realencyclopädie der classischen Altertumswwissenschaft (RE). Volume II, 2, Stuttgart 1896, Col. 2395-2397.
  7. ↑ The inscriptions lead Markian (as evidenced by the valentianianischen novellas in NV 36) in the first place since June, 452; see. Insofar Detlef Liebs, The Jurisprudence in Late Antique Italy (260-640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, p. 189, note 8.
  8. ^ Novellae des Maiorian (= NM 2).
  9. ↑ Novellae des Valentinian (= NV 2.2; 11; 19; 21.1 + 2; 23; 25; 27; and 31; Valentinian seems to have resided in Rome between 442 and 451, until 441 Ravenna was probably the seat of government, possibly then again from 451.