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The Institutes of Justinian

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The Institutes of Justinian is a legal treatise originating from the Byzantine Empire during the 6th century AD. It functions as an introductory guide to Roman law, outlining core principles and definitions of justice, natural law, civil law, and law of nations. The text was created to serve law students and legal practitioners by summarising the legal concepts that underpinned the legal system established by Emperor Justinian I. Its content includes discussions on the rights and obligations of individuals, the categorisation of laws, and the importance of law for governance. The work is part of a larger body of legal codifications compiled under Justinian’s authority, which aimed to systematise and preserve Roman legal principles.

The treatise begins with a prologue from the emperor, emphasising the significance of law in maintaining order and justice. It reflects the legal and political priorities of the Byzantine period, serving both as an educational resource and a foundation for legal authority in the late Roman and early Byzantine worlds.

From the opening pages

Translated into English by J. B. Moyle, D.C.L. of Lincoln's Inn, Barrister-at-Law, Fellow and Late Tutor of New College, Oxford Fifth Edition (1913) PROOEMIVM In the name of Our Lord, Jesus Christ. The Emperor Caesar Flavius Justinian, conqueror of the Alamanni, the Goths, the Franks, the Germans, the Antes, the Alani, the Vandals, the Africans, pious, prosperous, renowned, victorious, and triumphant, ever august, To the youth desirous of studying the law: The imperial majesty should be armed with laws as well as glorified with arms, that there may be good government in times both of war and of peace, and the ruler of Rome may not only be victorious over his enemies, but may show himself as scrupulously regardful of justice as triumphant over his conquered foes. With deepest application and forethought, and by the blessing of God, we have attained both of these objects. The barbarian nations which we have subjugated know our valour, Africa and other provinces without number being once more, after so long an interval, reduced beneath the sway of Rome by victories granted by Heaven, and themselves bearing witness to our dominion. All peoples too are ruled by laws which we have either enacted or arranged. Having removed every inconsistency from the sacred constitutions, hitherto inharmonious and confused, we extended our care to the immense volumes of the older jurisprudence; and, like sailors crossing the mid-ocean, by the favour of Heaven have now completed a work of which we once despaired. When this, with God's blessing, had been done, we called together that distinguished man Tribonian, master and exquaestor of our sacred palace, and the illustrious Theophilus and Dorotheus, professors of law, of whose ability, legal knowledge, and trusty observance of our orders we have received many and genuine proofs, and especially commissioned them to compose by our authority and advice a book of Institutes, whereby you may be enabled to learn your first lessons in law no longer from ancient fables, but to grasp them by the brilliant light of imperial learning, and that your ears and minds may receive nothing useless or incorrect, but only what holds good in actual fact. And thus whereas in past time even the foremost of you were unable to read the imperial constitutions until after four years, you, who have been so honoured and fortunate as to receive both the beginning and the end of your legal…

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