Could after the division of administration in 364 an emperor issue a law for the entire empire?

• Autores: A.J.B. Sirks
• Localización: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung, ISSN 0323-4096, Vol. 138, 2021, págs. 555-567
• Idioma: inglés
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• Resumen

  • The question whether the administrative division of the Roman empire in 364 or 395 implied also a divided legislation, i.e. that each part could or did legislate only for itself, has been extensively debated. To all appearances the emperors issued laws jointly, and likewise the prefects issued edicts jointly. Yet it is possible to deduce from the few relevant texts that these manifestations of unity were merely ideological: in practice each part could only issue laws for itself, and laws of the other part had to be confirmed expressly in order to gain validity. This implies that inclusion in the Theodosian Code of laws of each part did not make them universally valid.