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Justinian’s Code Primary Source Analysis
Justinian was the greatest Emperor of the Byzantine Empire. The
achievements of his reign are numerous. He rebuilt parts of the city. He
built the church of the holy wisdom called the Hagia Sophia- a great
monument to Architecture and religion. He attempted to re-conquer the
western half of the old Roman Empire and succeeded at bringing parts of
North Africa and Italy back to the Empire while he ruled. In addition,
Justinian ordered a review and reform of the Roman law codes that had
been around for more than 1000 years. This code of laws survived to this
day and is the basis of all western law including many of the laws of the
United States. Justinian was a very unusual man of his time. He married
for love and gave political power to his wife Theodora. They ruled the
Empire together. After Justinian’s reign, there were other Empresses of the
Byzantine Empire who ruled as well. Justinian’s reign was impacted by a
great plague which struck the city in 540. His wife Theodora died in 548.
Justinian died in 565 about 60 years before the birth of Islam.
Justinian’s Code of Laws
The code is divided into four parts: (1) The Code of Justinian, or Codex, is a compilation of imperial laws up
till that point; (2) the Digest compiled the ideas of the great Roman judges of the past; (3) the Institutes is a law
textbook for use at universities to train future lawyers and judges; and (4) the Novellae, which consisted of new
laws that were passed after the year 534.
Below are some excerpts from the code of Justinian. After each excerpt answer the questions
I. Justice and Law
JUSTICE is the constant and perpetual wish to render everyone his due.
Jurisprudence is the knowledge of things divine and human; the science of the just and the
unjust.
The maxims of law are these: to live honesty, to hurt no one, to give everyone his due.
1. Paraphrase the section above in your own words. What is justice?
Justice is to hurt no one and give their dues
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The study of law is divided into two branches; that of public and that of private law. Public
law regards the government of the Roman empire; private law, the interest of the
individuals. We are now to treat of the latter, which is composed of three elements, and
consists of precepts belonging to the natural law, to the law of nations, and to the civil law.
2. Explain in your own words the different categories of Roman law.
Public law is the government of the Roman Empire, and private law in more for
individuals.
Compare the two quotes below to answer #3.
The law of nature is that law which nature teaches to all animals. For this law does not
belong exclusively to the human race, but belongs to all animals, whether of the earth, the
air, or the water. Hence comes the union of the male and female, which we term
matrimony; hence the procreation and bringing up of children. We see, indeed, that all the
other animals besides men are considered as having knowledge of this law. – Justinian
We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights..." – Thomas Jefferson in the
Declaration of Independence discussing natural rights.
3. The concept of natural rights/ laws is important to history. But the understanding of what it
means to have natural rights changed over time. Explain in your own words what you feel is a
“natural right”.
those that are not dependent on the laws, customs, or beliefs of any particular
culture or government, and are therefore universal and inalienable
4. The Code of Justinian has a different understanding of natural rights than Jefferson. What is the
main difference between the two?
The Code of Justinian gave all men and women natural rights, regardless of color or
gender.
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Civil law is thus distinguished from the law of nations. Every community governed by laws
and customs uses partly its own law, partly laws common to all mankind. The law which a
people makes for its own government belongs exclusively to that state and is called the civil
law, as being the law of the particular state. But the law which natural reason appoints for all
mankind obtains equally among all nations, because all nations make use of it. The people of
Rome, then, are governed partly by their own laws, and partly by the laws which are
common to all mankind. We will take notice of this distinction as occasion may arise.
5. What two kinds of laws govern Romans?
Written and unwritten law
6. What is civil law?
The law which a people makes for its own government belongs exclusively to
that state
All our law relates either to persons, or to things, or to actions. Let us first speak of persons;
as it is of little purpose to know the law, if we do not know the persons for whose sake the
law was made. The chief division in the rights of persons is this: men are all either free or
slaves.
1. Freedom, from which men are said to be free, is the natural power of doing what we each
please, unless prevented by force or by law.
2. Slavery is an institution of the law of nations, by which one man is made the property of
another, contrary to natural right.
The things we take from our enemies become immediately ours by the law of nations, so that
even freemen thus become our slaves; but if they afterwards escape from us, and return to
their own people, they regain their former condition.
7. According to Roman law, why is slavery legal?
Slavery is an institution of the law of nations, by which one man is made the
property of another, contrary to natural right.
8. What is the difference between freemen and slaves?
slave is a person who is the property of another person and whose labor and also whose life often
is subject to the owner's volition while freeman is the one who is not a servant or slave
9. Explain in your own words why the Code of Justinian is an important legacy for our own civilization.
Please use at least one quote or paraphrase one section in your answer.
it rationalized hundreds of years of existing Roman statutes. Contradictions and con icts were
eliminated, and any existing laws that were not included in it were repealed.
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