The institutional scheme of Roman law was developed primarily by Gaius on the basis of a preceding tradition of law manuals. Its influence on the Corpus Iuris made the institutional scheme of Gaius of utmost importance for all further developments in European law. The first known precursor 3 of Gaius was Quintus Mucius Scaevola , pontifex c. Mucius was a Roman aristocrat and lawyer. We do not know his book directly, but only by means of the commentaries Ad Quintum Mucium 5 written by Gaius and Pomponius. Mucius already made use of rather subtle distinctions: he knew, for example, five types of guardianship Gai.
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The institutional scheme of Roman law was developed primarily by Gaius on the basis of a preceding tradition of law manuals. Its influence on the Corpus Iuris made the institutional scheme of Gaius of utmost importance for all further developments in European law. The first known precursor 3 of Gaius was Quintus Mucius Scaevola , pontifex c.
Mucius was a Roman aristocrat and lawyer. We do not know his book directly, but only by means of the commentaries Ad Quintum Mucium 5 written by Gaius and Pomponius. Mucius already made use of rather subtle distinctions: he knew, for example, five types of guardianship Gai.
Masurius Sabinus was a jurist of the ordo equester , 13 head of the school of the Sabiniani , and the author of that treatise, which was famous throughout antiquity. Yet we can reconstruct the scheme and some of the contents of the book because Sabinus inspired a literary genre, the Libri ad Sabinum , 14 which became one of the major sources of the Digesta , the most prominent part of the Corpus Iuris. The structure of the Libri ad Sabinum can be reconstructed as follows:.
De statu liberis slaves manumitted by their masters under a condition. This scheme was certainly inspired by that of Mucius, especially insofar as it foregrounds the law of successions. The Sabinian scheme reveals a division of civil law into the distinct elements of inheritance, persons, family law, obligations, delicts, and property law. The law of persons is conceived rather narrowly, lacking marriage and dowry.
The perfecter of this didactic tradition is Gaius. Practically nothing is known of his personal life, and his peers cite him rarely if at all.
This perception obscures the fact that the Institutes are intended as a didactic work and were not written to inform posterity about Roman law. Recent research has shown to what extent Gaius was embedded in the preceding tradition and surrounding cultural climate.
Fuhrmann postulated that Gaius stands in the Hellenistic tradition of didactic literature. The institutional scheme of Gaius 27 in the classical sense of the tripartition 28 personae , 29 res , 30 and actiones 31 has attracted the attention of scholars ever since its modern discovery.
This view is proposed by Stagl, 35 arguing that the Institutes are to be interpreted not as an isolated book but as part of a larger didactic scheme. Though the tripartition of persona, res, actiones is the basis of this scheme, it is modified by a didactic technique of Hellenistic origin.
In order to understand Gaius thoroughly, the historian has to infer from Justinian on Gaius. Yet there are good reasons to believe that not much had changed since Gaius.
Table 1. Law School Curriculum in the Time of Gaius. Libri singulares a de illa vetere re uxoria , b de tutelis , c de testamentis , d de legatis : Courses on dowry, guardianship, testaments and legacies.
Tituli chapters de iudiciis et tituli de rebus : The specifics of property law or obligations. Tituli chapters de iudiciis et tituli de rebus : The specifics of property law or obligations depending on what had been taught in the previous year. The synopsis in Table 2 shows this scheme:. Table 2. Libri singulares , a de re uxoria , b de tutelis , c de testamentis , d de legatis. This gap was filled, however, by the liber singularis on dowry, which the students were to read in the second year, on the specifics level.
This is the only reference to this work, and nothing of it is cited in the Digest. Hoc solum admonuisse. These commentarii must have been some separate text, 41 probably the Liber singularis de tutelis again.
These references to literature outside of the Institutes would not make sense if it were not possible for the reader a first-year student to have access to the literature to which the author refers. This in turn presupposes a library. The Scholia Sinaitica also fit within this context.
The sophisticated didactic technique of presenting a subject first on the basic level and then on a specific level would result in a sophisticated presentation that refers the reader to other literature. Thus, the basics and the specifics constitute a scheme in which all parts communicate among themselves—or, metaphorically, the Institutes have windows open to the broader didactic scheme. Justinian does not explain what literature was used in teaching on the specific level before his time. One exception to this scheme of basics and specifics has already been hinted at: Gaius offers no chapter on dowry in his Institutes , but instead only addresses the specifics of it.
The political scope of the law explains why the jurists qualified these rules as a ius singulare , an irrational and political kind of law.
The elements of this scheme are as follows:. They discuss the major divisions of law, parts of its history, the sources of law, and the constitution insofar as it is of interest for a practical lawyer. Personae Inst. Two of these status-related topics deserve specific discussion: guardianship and dowry Inst.
In an aristocratic society like that of the Romans, wealth is not earned but preserved, and may be increased by advantageous marriage or by inheritance. The control of the family fortune is therefore of the utmost importance, which explains the great significance of guardianship and dowry.
The law of betrothal and marriage forms part of the law of dowry. The following part, res , has three important subdivisions. The third part of res is obligations Inst. In a more abstract fashion, this scheme looks very modern and familiar to the continental European lawyer:. General Part. This may be true from a philosophical standpoint; from a historical standpoint, it becomes clear that Gaius did overcome the narrowness of the summa divisio thanks to didactic exigencies which he obeyed instinctively.
Marcus Tullius Cicero —43 bce gives a famous example of these two methods Top. To the category of division belong all those definitions which work in the following way: alienation of a res mancipi takes place either by delivering it in execution of an obligation or by a formal delivery between persons qualified for this by civil law. Whereas the partitio dissects a genus into its different elements or species, divisio aims to look at a whole and to divide it into a certain number of genera, which are in turn subdivided into species.
Divisio aims at an idea or concept, while partitio aims at adapting to reality by fragmenting it. The Romans did not invent this technique but rather took it from the Greeks, especially Aristotle and the Stoics. Brutus He further dissects free men into the categories of ingenui and libertini , and the latter are further subdivided into cives Romani , Latini , and dediticii. In Inst. The category in potestate is further subdivided into servi and liberi filii and the latter into naturales and hi, qui adoptamus.
The first subdivision of personae , liber , and servi is intended to show the legal consequences of having or not having Roman citizenship, while the second subdivision aims to show the legal consequences of being sui iuris and of being alieni iuris.
These two subdivisions, which structure the whole treatise on persons, are anything but natural; they are a deliberate choice and as such artful. This dominant opinion is based on an isolationist, monadic vision of the Institutes , some ambiguous remarks by Justinian about having used the Codex and the Edict as a model Const.
The Edict 64 was a list of legal remedies like the rei vindicatio , an action for the recovery of property. Every praetor edited the edict as the basis of his annual tenure. Since he was the most important magistrate concerned with jurisdiction, the edict had enormous importance for Roman jurisprudence.
It was never codified until Emperor Hadrian 76— ce , who commissioned Julian to edit the edictum perpetuum the unchallenged reconstruction is by Lenel. Though it cannot be called a codification of Roman civil law, it inspired the literary genre of Libri ad edictum , which became the most exhaustive and comprehensive treatises on Roman civil law.
We possess fragments of such works by Gaius, 65 Paulus, 66 and Ulpian, 67 as well as the closely related Digesta 68 by Julian. The edict developed for centuries as a result of the annually changing tenure of the praetors. The disposition of the material is, therefore, rather more historical than rational. The actio Publiciana, for example, which is modelled on the rei vindicatio, is listed before and not after the latter, which would have been the rational thing to do.
The genre of the Libri ad edictum , especially those of Paulus and Ulpian, became the backbone of the Digest. This fact and the assertion of Justinian that he had modelled the Digest according to the Edict 69 are responsible for the erroneous opinion that this was actually the case.
The contrary is true as the synopsis in Table 3 shows. Table 3. Macedonianum lib. As Kaser has pointed out, the scheme of the Edict is based on considerations of civil procedure, and hardly any systematic order of the substantive law can be recognized in it. Unsurprisingly, it is impossible to discern any parallelism between the two schemes if one looks at them soberly. If this difference is so evident, why does Justinian bother to tell posterity that he modelled the Digest upon the Edict?
Moreover, these two types of literature form the backbone of the Digest. Another reason may be the continuity of Roman jurisprudence between the end of the 3rd century ce and the 6th century, which is persuasively advocated by Mantovani, 72 and evidence to be published in his project REDHIS. Anything else would have been revolutionary. Yet, underneath this surface, the didactic scheme of Gaius asserted itself with the minimal modifications by Justinian , and the compilation was in fact modelled upon it, as the synopsis in Table 4 shows.
Table 4. Libri singulares a ex collectione quidam tripertiti voluminis, quod pro dotibus composuimus uno libro excerpto , b ex duobus de tutelis et curationibus uno , c ex gemine volumine de testamentis uno , d ex septem libris de legatis et fideicommissi uno.
Table 5. Specifics of I prima pars legum , II. He seems to have split up the topic of civil procedure. Why he did so must remain unanswered here. It has been said that the use of the dialectical method of divisio and partitio is a characteristic trait of Gaius, perhaps only shared with Papinian — ce. To answer to this question it is necessary to look into the details:.
But the Digest also reflects the Gaian structure in the structure of singular titles, as the synopsis in Table 6 illustrates. Table 6. The supreme division of the law of persons is surely that according to which all men are either free or slaves.
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Tra i suoi scritti troviamo Disquisitionum magicarum libri sex , che parla di magia e occultismo. Alcuni storici moderni, fra cui Robert Muchembled , lo hanno accusato di essere la causa principale della caccia alle streghe nel sud dei Paesi Bassi. Oggi, tuttavia, la maggior parte degli storici ritiene che l'influenza di Delrio sulla caccia alle streghe sia stata piuttosto limitata e sottolinea la moderazione con cui Del Rio tratta l'argomento della stregoneria. Le Disquisitionum magicarum sono - in linea con le altre pubblicazioni di Delrio - un'opera di estremamente erudita. L' agiografia fu una fonte particolarmente importante dell'opera di Delrio. Altri progetti. Da Wikipedia, l'enciclopedia libera.