compilers ot the Institutes had in front of them onl\’ the elenientar\' works of the classical jurists. A fact astonishing in itself. \\ hen these works contained nothing apropos, the compilers relied on their memories which often failed them. I'hev did not e\en consult the Code or Digest, lienee the discrepancies hetween the Institutes on the one hand, and the (.Wcand Digest on the other: for instance, on nrm, earnest monew, in sale; on the scope of the ewtio depanperie, damage cansed h\' animals; on the aetio Sereiioni and interdietion Snlviai//nn, remedies for pledging of property; and aho\ e all the unhelievahly garhled account of procedure." 'The draftsmen of the Institutes were in a rush, justinian gat e tlie order for compiling the Institutes only after the completion of the Digest'" But the two works were to appear together, and justinian would not hate wished to delat’ publication of the important Digest. The compilers of the Institutes were under e.xtreme time pressure. XII 'This first chapter raises many issues, et en though it is too early to draw general conclusions from it for a common law for the fiuropean Union. I'irst, it shows that et en an official statement of the law may e.\- elude social realities. In t iolently Cihristian Byzantium, natural law (in the Institute.':) has no place for Ciod. Second, official statements of law may say nothing that is meaningful for law: natural law is called law, hut then is treated as nonlaw. It is brute instinct. d'hird, official statements of law may l>e incoherent. lus gentium 35 Watson, Out of Context, pp. 22ff. 36 Inperatoriam maiestatem§ 4. 39
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