The Digest of Justinian, Volume 4
The Digest of Justinian, Volume 4
English-language translation edited by ALAN WATSON
Copyright Date: 1998
Edition: REV - Revised
Published by: University of Pennsylvania Press
Pages: 768
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The Digest of Justinian, Volume 4
Book Description:

When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the Code, which collected the legal pronouncements of the Roman emperors, the Institutes, an elementary student's textbook, and the Digest, by far the largest and most highly prized of the three compilations. The Digest was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson.

eISBN: 978-0-8122-0554-1
Subjects: History
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  1. Front Matter
    Front Matter (pp. [i]-[iv])
  2. Table of Contents
    Table of Contents (pp. [v]-[x])
  3. PREFACE TO THE PAPERBACK EDITION
    PREFACE TO THE PAPERBACK EDITION (pp. [xi]-[xii])
    Alan Watson
  4. GLOSSARY
    GLOSSARY (pp. [xiii]-[xxvi])
  5. BOOK FORTY-ONE
    BOOK FORTY-ONE (pp. 1-48)

    1 Gaius, Common Matters or Golden Things, book 2: Of some things we acquire ownership under the law of nations which is observed, by natural reason, among all men generally, of others under the civil law which is peculiar to our city. And since the law of nations is the older, being the product of human nature itself, it is necessary to treat of it first. 1. So all animals taken on land, sea, or in the air, that is, wild beasts, birds, and fish, become the property of those who take them,

    2 Florentinus, Institutes, book 6: as also...

  6. BOOK FORTY-TWO
    BOOK FORTY-TWO (pp. 49-80)

    1 Modestinus, Encyclopaedia, book 7: An issue is said to be determined when an end is put to the dispute by the pronouncement of the judge, which can be either a condemnation or an absolution.

    2 Ulpian, Edict, book 6: One sitting in judgment does not always observe the usual period of trial, but sometimes abridges proceedings and sometimes adjourns proceedings by reason of the nature and magnitude of the issue or the submission or obstinacy of the parties. Very rarely, judgments are executed before the statutory period, for instance, when maintenance is awarded or relief given to a minor...

  7. BOOK FORTY-THREE
    BOOK FORTY-THREE (pp. 81-133)

    1 Ulpian, Edict, book 67: Let us see to what things interdicts apply. It should be known that they apply to things both divine and human. Divine are such as sacred and religious places. Interdicts with respect to things human apply either to what belongs to somebody or to what belongs to nobody. Belonging to nobody are free persons for whose production, or taking away, interdicts are available. Things belonging to somebody are either public or private property. Public are public places, roads, and publicly owned rivers. Interdicts with respect to private property apply either universally, as does the interdict...

  8. BOOK FORTY-FOUR
    BOOK FORTY-FOUR (pp. 134-162)

    1 Ulpian, Edict, book 4: Also he who pleads a defense is also considered to bring proceedings; for in a defense the defendant is a plaintiff.

    2 Ulpian, Edict, book 74: A defense has been described as some kind of bar which used to be raised against the action of any party in order to shut out whatever has been introduced into the intentio or into the condemnation. 1. Replications are nothing else than defenses which come from the side of the plaintiff; and, indeed, they are required in order to shut out defenses (exceptiones); for a replication is always...

  9. BOOK FORTY-FIVE
    BOOK FORTY-FIVE (pp. 163-199)

    1 Ulpian, Sabinus, book 48: A stipulation can only be effected when both parties can speak, and therefore neither a mute nor a deaf person nor an infans can contract a stipulation; nor, indeed, can someone who is not present, since they should both be able to hear. If, therefore, such a person wishes to take a stipulation, he does so through a slave who is present and acquires an action on a stipulation. Also if someone wishes to be bound by an obligation, let him order it, and he will be bound in respect of the order. 1. When...

  10. BOOK FORTY-SIX
    BOOK FORTY-SIX (pp. 200-249)

    1 Ulpian, Sabinus, book 39: A surety may be added to any obligation.

    2 Pomponius, Sabinus, book 22: A surety may be taken in respect of loan for use and of deposit, and he will be liable even if the loan or deposit be made with a slave or a pupillus, but only so far as there may have been deliberate wrongful intent or negligence on the part of the persons guaranteed.

    3 Ulpian, Sabinus, book 43: One who promises satisfaction is deemed to have honored the stipulation for satisfaction, if he provides, as an ancillary debtor, one who can...

  11. BOOK FORTY-SEVEN
    BOOK FORTY-SEVEN (pp. 250-308)

    1 Ulpian, Sabinus, book 41: It is the established rule of the civil law that heirs and other successors are not liable in penal actions, and so they cannot be sued for theft. But although they are not liable to the action for theft, they should be liable to the action for production, if they are in possession of or have fraudulently ceased to possess stolen goods; and on production, they will be liable in a vindicatio; the condictio also lies against them. 1. It is, however, equally established that an heir can bring the action for theft; for in...

  12. BOOK FORTY-EIGHT
    BOOK FORTY-EIGHT (pp. 309-377)

    1 Macer, Criminal Proceedings, book 1: Not all trials in which an offense is concerned are public criminal trials, but only those which arise from the statutes on criminal proceedings, such as the lex Julia on treason, the lex Julia on adultery, the lex Cornelia on murderers and poisoners, the lex Pompeia on parricide, the lex Julia on embezzlement, the lex Cornelia on wills, the leges Juliae on vis privata and vis publica, the lex Julia on electoral corruption, the lex Julia on extortion, and the lex Julia on the corn dole.

    2 Paul, Praetor’s Edict, book 15: Some criminal...

  13. BOOK FORTY-NINE
    BOOK FORTY-NINE (pp. 378-415)

    1 Ulpian, Appeals, book 1: As everybody knows, the practice of appeals is both frequent and necessary, inasmuch as it corrects the partiality or inexperience of judges; not but what it may sometimes alter well-delivered judgments for the worse, for it is not [necessarily] the case that the last person to pronounce judgment judges better. 1. Is it possible for an appeal to be made against an imperial rescript, if perhaps the provincial governor or some other person consults him and a rescript is sent in reply to that consultation? Does there survive a right of appeal? What, then, if...

  14. BOOK FIFTY
    BOOK FIFTY (pp. 416-485)

    1 Ulpian, Edict, book 2: Either birth or manumission or adoption makes a man a municeps. 1. And, indeed, properly speaking those are called municipes who share in munera, who have been admitted to civitas in order to perform munera with us; but now we loosely call municipes the members of any particular community, as for instance, Campani or Puteolani. 2. So anyone who is born from two parents who are Campani is a Campanus. But if he is born from a father who is a Campanus and a mother who is a Puteolana, he is still a municeps Campanus,...

  15. Back Matter
    Back Matter (pp. 486-486)
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