RSK 2

lia\ c almost no public law. (in^tesqueries will he found in other eodiflcations. IV Another fascinating aspect of the elements of the Corpus li/rix is the arrangement and classification of topics. 'The order of topics in the Digtsr-.md (.Weis famouslv unsatisfactorx' and, to the best of niv knowledge, has ne\ er receixed praise. It seems in the main to folloxx that of the old Roman praetorian lldict xx hich itself grexx up haphazardlx', xxith nexx topics added at the end, or inserted into the hodx' hx' the force of attraction." Not much thinking has gone into the arrangement of Justinian's txvo major xxorks. .Matters are different xx ith the Institutes xvhich prox ides a coherent structure that makes the introduction to prixate laxx easx’ for firstx^ear students. Not surprisingly the Institutes became the model for the subsequent 'Institutes' of local laxx, mainlx' of the 17th and iSth centuries, xxhether from the Dutch Republic, I'rance, Italx’ or Scotland; and then in turn for modern cix il codes. But to xx hat extent can the arrangement here he said to express anx thing like "the spirit of Justinian's laxx r" The ansxx er is "None." d'he arrangement xx ith small xariations is simplx* lifted from the Institutes of Claius, another elementarx', hut Roman, textbook. Gains lixed until at least 1-9." Nor didJustinian's laxxmakers add much specifically to dix isions of the laxx and legal classifications. In so far as xve can see major and significant dispositions of law in a ratiixnal system in justinian's laxv thex’ are in the Institutes, and derix e from the histitutes o\ ViMws,. 11 See above all, Otto Lenel, Das EdictumPerpetuum, 3d ed. (Leipzig, 1927). 12 See, e.g., Watson, Roman Law, pp i47ff.; i66ff. 13 See, e.g., W.M. Gordon and O.F. Robinson, The Institutes of Gaius (London, 1988), p. 9. 50

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