In rhis second chapter I choose to remain withJustinian, .\fter all, the Corpus Iiiris CiviHs is the pixotal tact in western legal historw I wish to indicate the incredible. Justinian's D/gc.rt and hisrituh’s sent law as it ne\ er v\'as. d'hey re\ eal nothing about early 13\ zantium: not its religious terxor, its main language, its political turmoil, its notorituis bureaucracx’. I W’e tend to think ot the second Codt\ the Digest, and the Institutes as a unit, with the Sovellue as an addendum', but nothing could be further from the truth, d'he Code, Digest, and Institutes were all concei\ ed separately. Justinian sent to the senate his order to compose a new eodex, a collection ot imperial rulings, on 13 Februarx', 'Fhis first Code, which has not sur\'i\ ed because it was replaced by another based on it, came into force on 10 .Vpril >-29. 'Fhere is ample ex idence in the Code itself that, both xvhen it xvas ordered and xxhen it xvas being compiled, there xvas no intention to issue a further legal compilation based on juristic te.xts.' d'he order for a compilation of juristic texts, xvhich resulted in the Digest xvas gixen onlx' on December s-^o, months after the promulgation of the fWc and the xvork itself came into force on 7,0 December When the order for the Digest xvas gix en Justinian had no plan for its use in legal education.' But, still, an elementarx’ textbook of some kind was in contemplation bx’ late 1 The Novellae will not be considered in this chapter. 2 For the argument see nowWatson, Out of Context, pp. 14!. 3 There is no indication of an educative role in De conceptions Digestorumi for the argument see Watson, Out of Context, pp 22ff. 4 C. Deo auctore § 11. 46
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