The Institutes of Justinian (eBook)

The Institutes of Justinian written by Caesar Flavius Justinian and translated by J.B. Moyle is a book that shows the modern reader some of the ancient roots, the fairly consistent and stable tradition of law in the Western World. The Institutes has been divided into four books, comprising the first elements of the whole science of law. In these, the law previously obtained has been briefly stated, as well as that which after becoming disused has been again brought to light by the imperial aid. It has been compiled from all the Institutes of ancient jurists, and in particular from the commentaries of Gaius on both the Institutes and the common cases, and from many other legal works.

Of course, as one reads this work and finds distasteful references to slaves (a major part of the laws of the time were devoted to the maintenance and governance of this horrible institution) and perceives too the much diminished rights of women in Romano-Byzantine society, one is also grateful that our legal system is one that has also changed and improved greatly over the centuries. Another observation one gains from this textbook for law students, which accompanied the new code issued by Justinian, is the continuity and direct development of precedent setting laws from earlier Roman times (the Twelve Tables, the laws and codes of past Roman emperors) to the reign of Justinian.

The division between "Roman" and "Byzantine" is artificial, and the date for that artificial division differs in different disciplines. The Institutes show clearly that to the Romano-Byzantine peoples, the development of their laws was a development of their ancient, if changing society rather than an example of any radical change or break at some point. 

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