For the duration of the assignment I’ll be mainly dealing with Emperor Justinian and his effects upon the civil law. In my interpretation of the title I feel its clear that Justinian’s Digest and Institutes must have had a high impact upon the civil law system and how its developed. This assignment will try to examine the effects of his work and how it progressed through time. Furthermore I’d like to add with out his existence or relevance to civil law, who can tell how different outcomes would have been in this day and age.

Stepping back into time going to the 6th century, which was the period that Emperor Justinian ruled (527 – 565A.D), the Roman Empire was in decline from its former glory. In the sense that he, “sought to rescue the Roman legal system from years of deterioration” from internet (see reference list). Justinian being the emperor he was had two main goals to reach, firstly to expand the empire and also to recapture but secondly to establish a firm and coherent system of law. With regards to the legal system, Justinian wanted to restore it

From the dedicated study and examination of Justinian’s work by the Commentators they pushed in the application of the law in society. Moving from teaching at universities through lectures, to legal practice in everyday life to improve living in society. This leads swiftly onto the importance of Commentators in the development of the civil law. From the Digest and Institutes were produced glosses and then in addition the commentaries, which in there essences were the underlying principles expressed from the texts. They had not the same power as the law but a persuasive force. This then lead to the period of the Humanists, who emerged during the 16th and 17th centuries,

“The revival of the Roman civil law tradition eventually formed the basis for a common legal language throughout Europe.” From internet (see reference list)

¹ Appointed commissioners: “Tribonian and Theophilus once more, but now joined by another civil servant, Constantinus, and a colleague of Theophilus from the Constantinople law school, Cratinus. The other two commissioners were the professor of law at the other great imperial law school at Beirut, Dorotheus, and his colleague, Anatolius. They were aided in their task of reading all the extant juristic literature by a team of advocates from the Constantinople bar.” by Watkins p.63.

This quote helps best to explain and clarify what the Institutes were about and did in my view. The Digest and Institutions participated in an extremely significant role in the development of the civil law4 system. They assisted future generations of students, lectures and lecturers understand the law and enable them to centre their attention to study.

This in all probability was because,

Within the Corpus Juris Civilis it has been said that the digest,

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