SPAIN IN THE HISTORICAL AND LEGAL CONTEXT

By vasek.kotora@gmail.com
  • 27 BCE

    Principate - End of the Roman Republic

    Principate - End of the Roman Republic
    • Through a senatorial decree Octavianus becomes the first Roman Emperor and by this, marks an end of the Roman Republic.
    • He is called princeps, which is latin for "first citizen".
  • Period: 27 BCE to 284

    Principate

    Emperor is first citizen (Princeps) and only person with real power.
  • 212

    Edict of Caracalla

    Edict of Caracalla
    • The Emperor Caracalla (rule 198 to 217 AD) grants within the Constitutio Antoniniana the Roman citizenship to all free inhabitants of the Roman Empire (except of dediticii).
  • 284

    Dominate - Post classical period begins

    Dominate - Post classical period begins
    • The Dominate (AD 284 – 641) begins under the Emperor Diocletian as a result of Crisis of the Third Century.
    • Former legal institutions are weakened and a concentration of power towards the Emperor takes place.
    • The Emperor is Dominus et Deus - he controlls every field, the judiciary, legislative and executive.
    • With this, the post classical period of law begins.
  • Period: 284 to 641

    Dominate

    Emperor is Dominus et deus
    • Law = imperial enactments (constitutons)
    • General laws = orationes et senatum and edicta
    • Special laws = Decreta (judicial), Mandata (instructions to officials), Rescripta (advices as responds to letters of both officials and private persons), Adnotatio (special rescripto)
    • Pragmatica = for exceptional situations
  • 291

    Codex Gregorianus and Codex Hermogenianus

    Codex Gregorianus and Codex Hermogenianus
    • The codices are private compilations of Imperial Constitutions by jurists during rule of First tetrarchy (Emperors Diocletian and Maximian, caesares Constantius and Galerius).
    • Gregorius and Hermogenianus were magister libellorum (drafter of responses to petitions) to Diocletian.
  • 438

    Codex Theodosianus

    Codex Theodosianus
    • The Codex is a compilation of laws of the Roman Empire since 312.
    • Later this codex was used as a source for the Breviary of Alaric.
  • 476

    Fall of Rome

    Fall of Rome
    • The last Emperor Romulus Augustus is forced to resign by Germanic king Odoaker.
  • 480

    Code of Euric

    Code of Euric
    • It is a codification of Vulgar Roman law and Germanic customary law by Euric, King of the Visigoths.
    • He was the first Visigoth King to publish general laws. He reduced laws preserved by oral tradition into writing.
  • 494

    Dignitates Distinctae

    Dignitates Distinctae
    • Dignitates Distinctae – Pope is more dignified then emperor.
    • Gelasius distinguishes between "two powers" – the "sacred authority of the bishops" (auctoritas sacrata pontificum) and the "royal power" (regalis potestas). These two powers, auctoritas granting justification to potestas and potestas providing executive power for auctoritas, should be independent in their own spheres of operation, yet also work together in harmony.
  • Period: 499 to 1100

    Early Middle Ages - The Crisis

    • Jurists did not exist until the 12th century.
    • Mostly because many problems were present at that time, illiteracy was the rule, people did not get older that forty, and in general the survival was more important.
    • Per pugnam sine iustitia - conflicts were solved by violence, not by justice.
  • 506

    Breviary of Alaric II.

    Breviary of Alaric II.
    • Codification of Roman law by Alaric II., King of Visigoths, which is approved by assembly of Bishops on 506 AD.
    • It entails Roman Law: Leges (Imperial constitutions) and iura (replies by classical jurists).
    • Also there is the Commonitorium, a warning to judges, that only the content of the Breviary can be used in trials under penalty of death
  • Period: 527 to 565

    Rule of Justinian I.

  • 534

    Corpus Juris Civilis

    Corpus Juris Civilis
    • Codification of law by Justinian I, with the aim to restate the whole Roman law in one complete source of law.
    • It consists of Digest, Code and Institutes.
  • 574

    Codex revisus - Code of Leovigild

    Codex revisus - Code of Leovigild
    • The Codex revisus is an update of the Code of Euric.
    • However, the text did not survive. Some laws appeared in Liber Iudiciorum, marked as antique.
  • 654

    Liber Iudiciorum

    Liber Iudiciorum
    • The code was published by the Visigoth King Recceswinth and entails many laws promulgated by several Visigoth Kings.
    • First time independent from Roman law (leges barbarorum) and all subjects to it became hispani.
    • Only this law could be used in trials and it remained in force in Spain until the Early Middle Ages.
  • 1075

    Dictatus papae

    Dictatus papae
    • 27 statements of authority claimed by the Pope Gregory VII.
    • It results out of the investiture conflict with the Emperor Henry IV.
  • Period: 1075 to 1120

    Recovery of Justian Codification by Irnerius and his students

  • 1088

    Foundation of the University of Bologna

    Foundation of the University of Bologna
    Frederick I. Barbarossa grants Authentica habita to the University of Bologna making it the oldest university in the world.
  • 1120

    Irnerius

    Irnerius
    • Justinian’s compilation is forgotten and needs to be recovered from pieces.
    • It can be used to solve legal problems – it is RATIO SCRIPTA.
    • Glosators appears for the first time.
    • Here appears new material of feudal law - (Libri Feudorum) – norms promulgated in Middle Ages, which Irnerius found out to be also important.