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The Digest of Justinian, Volume 2

Edited by Alan Watson

Publication Year: 2011

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.

Published by: University of Pennsylvania Press

TItle Page, Copyright

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CONTENTS

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pp. v-viii

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PREFACE TO THE PAPERBACK EDITION

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pp. ix-

This is a corrected edition, minus the Latin text, of the four-volume The Digest of Justinian, Latin text edited by Theodor Mommsen with the aid of Paul Krueger, English translation edited by Alan Watson, published by University of Pennsylvania Press in 1985. This edition incorporates a number of corrected translations. I am grateful to all who called suggested changes to my attention, and in particular to Tony Honor´┐Ż and Olivia...

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GLOSSARY

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pp. xi-xxiii

Acceptilatio (Formal Release). The method by which a creditor freed a debtor from his obligation under a verbal contract [stipulatio q.v.1 producing the same effects as Accessio (Accession). A general term for the acquisition of ownership by joining prop- erty to or merging it with something already owned by the acquirer. See 0.41.1. Accusatio (Accusation). The bringing of a criminal charge. Normally (exclusively until ...

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BOOK SIXTEEN

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pp. 1-20

1 PAUL, Edict, book 30: It has been very fully prescribed by the senatus consulturn Velleianum that women should not intercede on behalf of any person. 1. For just as by custom the undertaking of civil duties by them has been denied to women, and these [undertakings] for the most part are not valid by operation of law, so much the more had that power to be taken away from them in which not only their work and mere employment was concerned but even the risk of the family property. 2. And,...

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BOOK SEVENTEEN

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pp. 21-54

1 PAUL, Edict, book 32: The obligation of mandate rests on the consent of the contracting parties. 1. Therefore, a mandate can also be entered into by means of a messenger or a letter. 2. Similarly, the action on mandate lies whether the party writes "I ask" or "I wish" or "I give a mandate" or using any other form of words whatsoever. 3. Again, a mandate can be contracted to be postponed until a future day or subject to a condition. 4. There is no mandate unless it is gratuitous. The rea-...

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BOOK EIGHTEEN

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pp. 55-85

1 PAUL, Edict, book 33: All buying and selling has its origin in exchange or barter. For there was once a time when no such thing as money existed and no such terms as ''merchandise'' and "price" were known; rather did every man barter what was useless to him for that which was useful, according to the exigencies of his current needs; for it often happens that what one man has in plenty another lacks. But since it did not...

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BOOK NINETEEN

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pp. 86-122

1 ULPIAN, Sabinus, book 28: If something is sold and not then delivered, an action lies for the interest, that is, the buyer's interest in having the thing. Sometimes this amount exceeds the price, as when his interest is greater than the object's value or the price paid for it. 1. If the seller concealed a servitude which he knew was owed, he will not escape an action on the purchase unless the buyer was also aware of this fact; anything done contrary to good faith comes under the...

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BOOK TWENTY

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pp. 123-143

1 PAPINIAN, Replies, book 11: A general agreement in a mortgage to cover future acquisitions is recognized. But if the agreement covers specific property of another not then owed to the debtor but later acquired by him, the creditor who knew that it was not his is not so easily given a utilis actio for it, and it is easier for the possessor to keep it. 1. The creditor cannot sell the peculium of a mortgaged slave without a special...

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TWENTY-ONE

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pp. 144-175

1 ULPIAN , Curule Aediles' Edict, book 1: Labeo writes that the edict of the curule aediles concerns the sales of things immovable as much as of those movable or animate. 1. The aediles say: "Those who sell slaves are to apprise purchasers of any disease or defect in their wares and whether a given slave is a runaway, a loiterer on errands, or still subject to noxal liability; all these matters they must proclaim in due...

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BOOK TWENTY-TWO

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pp. 176-197

1 PAPINIAN, Questions, book 2: In an action of good faith, the rate of interest is fixed at the judge's behest according to the custom of the place of contracting, so long as statute is respected. 1. Even in the absence of delay, interest is due from a partner liable for taking partnership money or converting it to his own use. 2. But a judge in an action of good faith cannot rightly require a written promise that if there is delay in...

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BOOK TWENTY-THREE

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pp. 198-237

1 FLORENTINUS, Institutes, book 3: Betrothal is the announcement and mutual promise of marriage in the future. 2 ULPIAN, Betrothal, sole book: "Betrothal" was so called from the "solemn plighting of troth," since it was customary for our ancestors to stipulate and solemnly promise their wives-to-be to each other. 3 FLORENTINUS, Institutes, book 3: This is the derivation of the term "betrothed" for...

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BOOK TWENTY-FOUR

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pp. 238-272

1 ULPIAN, Sabinus, book 32: As a matter of custom, we hold that gifts between husband and wife are not valid. This rule is upheld to prevent people from impoverishing themselves through mutual affection by means of gifts which are not reasonable, but beyond their means. 2 PAUL, Sabinus, book 7: And people might not have as great a desire to educate their children. Sextus Caecilius added another reason, that a marriage would often break...

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BOOK TWENTY-FIVE

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pp. 273-286

1 ULPIAN, Sabinus, book 36: Some expenses are necessary, some are useful, but some are incurred for pleasure. 1. Expenses are said to be necessary where they arise out of necessity. But where there is no necessity for them, other rules apply to them. 2. As far as necessary expenses are concerned, note that they only reduce the dowry when they are incurred in connection with it. But if they are not incurred in...

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BOOK TWENTY-SIX

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pp. 287-322

1 PAUL, Edict, book 38: Tutelage is, as Servius defines it, force and power granted and all owed by the civil law over a free person, for the protection of one who, on account of his age, is unable to protect himself of his own accord. 1. So tutors are those who have this force and power, and take their name from the office itself; therefore, they are called "tutors," that is, tuitores-protectors-and defenders, just as...

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BOOK TWENTY-SEVEN

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pp. 323-356

1 MODESTINUS, Excuses, book 1: Herennius Modestinus to Egnatius Dexter. I send you a commentary which I have written entitled "Excuses from Tutelage and Curatorship," which appears to me to be most useful. 1. I shall do what I can to make the exposition of the problems clear, translating technical terms into Greek, although I know that such translation is not particularly suitable. 2. In the course of the work, I...

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BOOK TWENTY-EIGHT

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pp. 357-408

1 MODESTINUS, Encyclopaedia, book 2: A will is a lawful expression of our wishes concerning what someone wishes to be done after his death. 2 LABEO, Posthumous Works, Epitomized by Javolenus, book 1: In the case of someone who is making his will, at the time when he makes the will, soundness of mind is required, not health of body. 3 PAPINIAN, Questions, book 14: Testamenti factio is matter not of private, but of...

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BOOK TWENTY-NINE

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pp. 409-448

1 ULPIAN, Edict, book 45: The deified Julius Caesar was in fact the first to concede unrestricted testamenti factio to soldiers; but that concession was temporary. However, later the deified Titus first gave [it]; after this Domitian; thereafter, the deified Nerva conferred the fullest indulgence on soldiers; and Trajan followed this, and thenceforth such a chapter came to be inserted in [imperial] mandates. A chapter from...


E-ISBN-13: 9780812205527
Print-ISBN-13: 9780812220346

Page Count: 768
Publication Year: 2011

Edition: Revised Edition

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