Sententiae Receptae

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The Sententiae Receptae (ad filium) (also Pauli Sententiae , among legal historians the designation pseudo- Pauline sentences ( sententiae = commented decisions ) or Paulussentenzen is common; short citation: PS ) are a around the turn of the 3rd to 4th century in - probably North African - Early post-classical work of legal literature written in Latin from the Roman West . The addition "ad filium" refers to the fact that the collection was originally made for instruction for the son of Paul .

Importance of the work

The anonymously written compilation is considered an important source of tradition of pre-Justinian law. The compilers of the 6th century had at best processed the tenth part of the total available classical legal literature, so that manuscripts like the present one can still provide additional information for legal research today. The work contains doctrinal and regular florilegia , which are attributed to the late classical jurist Iulius Paulus (from Severan times ). However, this is still controversial in legal historical research. Doubts that the content of the sentences corresponded to authentic Pauline tradition must have already existed in the time of Emperor Constantine . According to the Codex Theodosianus , the Emperor 327 or 328 ordered by constitution that the stylistically brilliant treatise style should leave no doubt as to the authenticity of the work and that the content of the regulations should be observed in future legal proceedings. Max Kaser does not count the sentences among the actual interpolations , instead recognizes a new work in them.

The work is published in five books ( libri ). Paul had achieved social importance at the latest with the citation law of the emperors Valentinian and Theodosius , since he had assumed the status of an authority (so-called citation lawyer) for the entire empire . In terms of content, the sentences deal with criminal and private law . The work is given particular credit for the fact that it formulates the Roman laws with great precision and summarizes them thematically in such a way that they coincide with the systematics of traditional legal regulations. This created a clear overview of the legal system in force at the time.

For example, the circumstances that led to the sacrifice of the form process ( agere per formulam ) that were prevalent at the time are presented . The praetors in charge acted with this type of process for a long time during the republic and the early early imperial period . It had been replaced by the less formal and thus much more modern cognitive process type. Cognitive processes were now also subject to imperial jurisdiction. Their officials no longer acted according to the requirements of edicts , but according to administrative ordinances. These were probably more effective than the edicts, on the other hand, the ordinances eluded the influence of classical jurisprudence.

Historical embedding

The epiclassical sentences followed the Diocletian collections of imperial constitutions, the codices Gregorianus and Hermogenianus , chronologically. After the introduction of the two compilations, the legal literature had changed over to reproducing classical legal works in a much simplified form. This relief was due to the clearly decreasing demands on the legal training institutions and the legal practice based on them. The regulae Ulpiani and the tituli ex corpore Ulpiani , transformations of legal writings by the no less important legal scholar Ulpian , were created with a comparable proposal . Similar to the Epitome Gai , the sentences 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 .

Emperor Constantine conceded 321 all schriftsatzliche law reviews (called notae ) of lawyers Paul and Ulpian, which (in connection with the report collections responsae ) of lawyers Papinian stood up to seven years later reversed on the authenticity of Paul foisted font decree . For this reason, it is not possible to say with certainty whether the law that was incorporated into the Codex Theodosianus , for example, encompasses classical law or the law of the time of the so-called pseudo Pauline sentences. On the other hand, the collection of the Collatio , which refers to one of the five books, the liber singularis De poenis paganorum , expressly refers to the pseudo-Pauline sentences .

Further sources of the work can be found in the following codices and collections: lex Romana Visigothorum (Breviary of Alaric) , fragmenta Vaticana , lex Romana Burgundionum and in the Digest . For a long time the Pauline sentences were thought to be an appendix to the early medieval Visigothic lex Romana Visigothorum of France.

literature

  • Johann Samuelersch , Johann Gottfried Gruber (ed.): General encyclopedia of the sciences and arts . Unchanged reprint of the Leipzig edition 1818–1889, Akademische Druck- und Verlagsanstalt, Graz 1969, ISBN 978-3-201-00093-2 , 3rd section, volume 13, p. 228 ff. ( Online )
  • Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 1 no. 22nd
  • Herbert Hausmaninger , Walter Selb : Roman private law. Böhlau, Vienna 1981 (9th edition 2001), ISBN 3-205-07171-9 , p. 48 f.
  • Wolfgang Kunkel / Martin Schermaier : Roman legal history , 14th edition. UTB, Cologne / Vienna 2005, § 10 ( The legal development of the late period up to Justinian ), in particular: 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, pp. 173, 191 and 287.
  • Detlef Liebs: Roman jurisprudence in Africa with studies on the pseudo-Pauline sentences (= antiquity in the modern. Volume 3). Berlin 1993. 2nd edition (= Freiburger Rechtsgeschichtliche Abhandlungen. New series, volume 44), Duncker & Humblot, Berlin 2005, ISBN 3-428-11617-8 .
  • Ulrich Manthe : History of Roman law (= Beck'sche series. 2132). Beck, Munich 2000, ISBN 3-406-44732-5 , pp. 106-110.
  • Hartwig Schellenberg: The interpretations of the Paulussentenzen , Vandenhoeck & Ruprecht, Göttingen 1965.
  • A. Arthur Schiller : Roman Law: Mechanisms of Development , Mouton, ISBN 90 279 77 44 5 , p. 46 ff.
  • Franz Wieacker : Roman legal history. Second section: Jurisprudence from the early Principate to the end of antiquity in the Western Roman Empire and Eastern Roman jurisprudence through to Justinian legislation . CH Beck, Munich 2006, ISBN 978-3-406-33928-8 , p. 172.

Remarks

  1. ↑ a b Ulrich Manthe : History of Roman Law (= Beck's series. 2132). Beck, Munich 2000, ISBN 3-406-44732-5 , p. 115 f.
  2. ↑ Negative: Marie Theres Fögen : The expropriation of fortune tellers. Studies on the imperial monopoly of knowledge in late antiquity. Suhrkamp, ​​Frankfurt am Main 1993, ISBN 3-518-58155-4 , p. 75.
  3. ^ Also negative: Fritz Schulz : History of Roman Law , Weimar 1961, p. 213 ff; Ernst Levy : Paulus and the author of sentences , In SZ , The Romanistic Department (RA, ISSN  0323-4096 ), 1930, 50, pp. 272-294.
  4. ↑ CTh. 1,4.2.
  5. ↑ Max Kaser : Roman legal sources and applied legal method. In: Research on Roman Law , Vol. 36, Böhlau, Vienna / Cologne / Graz 1986, ISBN 3-205-05001-0 , p. 116, FN 9.
  6. ^ A b Herbert Hausmaninger , Walter Selb : Roman private law. Böhlau, Vienna 1981 (9th edition 2001), ISBN 3-205-07171-9 , p. 48 f.
  7. ^ A. Arthur Schiller : Roman Law: Mechanisms of Development , Mouton, ISBN 90 279 77 44 5 , p. 46 ff.
  8. ^ Franz Wieacker : Roman legal history. Second section: Jurisprudence from the early Principate to the end of antiquity in the Western Roman Empire and Eastern Roman jurisprudence through to Justinian legislation . CH Beck, Munich 2006, ISBN 978-3-406-33928-8 , p. 172.
  9. ↑ "Arguing with process formulas" ( litigare by con-CEPTA verba, id est per formulas ); see: Wolfgang Kunkel / Martin Schermaier : Römische Rechtsgeschichte , 14th edition. UTB, Cologne / Vienna 2005, § 6 ( The civil law jurisdiction and the official law ), pp. 106–123 (112).
  10. ^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 1 no. 22nd
  11. ↑ Ulrich Manthe: History of Roman Law (= Beck'sche series. 2132). Beck, Munich 2000, ISBN 3-406-44732-5 , pp. 106-110.
  12. ↑ 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 ).
  13. ^ 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).
  14. ↑ Detlef Liebs : The jurisprudence in late antique Italy (260–640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, p. 287.
  15. ↑ CTh 1,4,2.
  16. ↑ Detlef Liebs : The jurisprudence in late antique Italy (260-640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987, p. 173.
  17. ↑ Coll. 2.5 f .; 6.6.2.