Roman law in Antiquity

The period of the Roman Empire officially began when Augustus (Caesar's adopted son) obtained imperium and tribunicia potestas (for life).

In 35 AD two main legal schools in the Roman Empire emerged:
1) Sabiniani school, which was the first to be granted the ius publice respondendi.
2) Proculiani school, which was granted the ius piblice respondeni in 36 and 37 BC. This meant that both of them had more influence and the the emperor had less power.

In 137 AD, emperor Hadrian ordered Julianus to fix the praetor's edict. This meant that the praetor's edict was actually laid down on stone, and could not be changed anymore. However, the praetors still changed after 1 year of office.

The Roman Empire was officially divided into: the Eastern Empire (Byzantium) and the Western Empire.

The Law of Citations was intended to serve as a guide for the practicing jurists in determining what the law was > would be very difficult for the lawyers themselves: NO CODIFICAITON YET & there were numerous sources. So now only the laws of 5 jurists could be used:
1) Paninian;
2)Ulpian;
2)Paul;
4)Modestinus;
5)Gaius.

DISAGREEMENT? > opinion of the majority would be followed.
TIE? > Papinian's opinions prevails. NO relevant opinion of Papinian? > iudex was free to choose from the works of the remaining 4 jurists.

The Theodosian code (Lex posterior derogat legi priori) was promulgated in 438 AD, it primarly contained rules of public law (!). Two earlier, unofficial collections were:
1) Codex Gregorianus
2) Codex Hermogenianus

The fall of the Western Roman Empire meant that the Eastern emperor would now also be the emperor of the Western Empire. But this was not in practice.

AT THIS POINT WE SAY THAT WE STOP STUDYING ROMAN LAW
Justinian's Corpus consisted of:
1) Institutes; textbooks drawn up for teaching purposes, mainly those of Gaius Institutions. > 533 AD
2)Digesta / Pandectea; literature of classical jurists (often not in it's original form). > 533 AD
3) Codex + Revised Codex; contained imperial legislation, the Revised Codex contained the laws promulgated since 530. > 534 AD
((4)) Novallae; interpolations of constitutions of Justinian and his successors. > Post 535 AD

The Corpus Iuris Civile = a legal source (even the Institutions because they are included in this). So everything that was not included in the Corpus was not a legal source.

The Basilica was a more organized and translated (into Greek) version of the Corpus.

The Hexabiblos was the foundation of the Greek law until 1946. It was largely based upon the Basilica.

The fall of the Eastern Empire meant that the period of the Roman Empire had officially come to an end.