Die Kodifizierung des römischen Strafrechts im Breviar Alarichs II.
- Autores: Detlef Liebs
- Localización: Mélanges de l'Ecole française de Rome. Antiquité, ISSN 0223-5102, Vol. 125, Nº. 2, 2013
- Idioma: inglés
- Enlaces
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Resumen
Alaric's Breviary, a compilation of older Roman law texts, may be called a codification of the law of the Romans who lived under Visigothic rule; it was, however, not a perfect codification. The thousand-odd collated old texts were at least 50, and most already one to two hundred years old. 25 years later, Justinian's jurists in Constantinople would adapt their many more and thoroughly compiled old texts vigorously, but Alaric's provincial jurists did not infringe upon the authority of the old texts; they merely added younger interpretations from provincial law teaching and in a handful of cases they made small additions. Nevertheless they sometimes made remarkable changes to the law: by omitting texts, e.g. the anti-Arian laws, the law of enslavement of free women who continued to live with a foreign slave despite of his master's express warning, all Roman military and many administrative law; in criminal law and criminal procedure, here especially studied, they eliminated some hard provisions, but also ones that had to guarantee the rule of law.
