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Theodosian Code

Theodosius II published an official collection of the general laws issued by the Christian emperors since Constantine, in sixteen books. In force from 1 January 439 in both halves of the empire, the Theodosian Code kept Roman law alive in the barbarian West and prepared the way for Justinian’s codification.

Date
15 February 438exact dateDate in the Julian calendar
Place
Constantinopletoday: Istanbul, Turkey · Balkans and Anatolia
Participants
Theodosius II, Byzantine Empire, Western Roman Empire
Threads
Europe in the Roman age (1st–5th c.)
Also known as
Codex Theodosianus; Кодекс Феодосия; Феодосиев кодекс

Imperial constitutions had become the main source of law, but they were scattered and often contradictory, and the Gregorian and Hermogenian codes of the 290s were private collections. On 26 March 429 Theodosius announced to the senate of Constantinople a commission to collect all general laws issued since Constantine; the plan proved too ambitious, and in 435 an enlarged commission limited the task to the imperial constitutions, editing them and leaving out obsolete provisions.

The code, published on 15 February 438 and in force from 1 January 439 in the East and the West alike, contains more than 2,500 constitutions in sixteen books, from the early years of Constantine to 437. It covers the government, economy and society of the 4th and 5th centuries and — in its last book — the Church, heretics, pagans and Jews. It was presented to the senates of both Constantinople and Rome; laws issued after it were called novels (novellae).

The code outlived the Western Empire. About a quarter of its text is also found in the Breviary of Alaric, issued by the Visigothic king Alaric II in 506, and through such collections it remained a source of Roman law in the early medieval West; in the East it was a basis for the Code of Justinian a century later. Its first five books survive only in part.

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Connections

Consequences

  • Corpus Juris Civilis7 April 529 – 16 November 534 · Balkans and AnatoliaJustinian’s codification a century later built on the Theodosian Code

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Sources

  1. Wikipedia (English): Codex Theodosianus
  2. Wikipedia (English): Breviary of Alaric
  3. Wikipedia (Russian): Кодекс Феодосия
  4. Matthews J. F. Laying Down the Law: A Study of the Theodosian Code. — New Haven: Yale University Press, 2000.
  5. Harries J., Wood I. (eds.) The Theodosian Code: Studies in the Imperial Law of Late Antiquity. — London: Duckworth, 1993.
  6. Pharr C. (tr.) The Theodosian Code and Novels and the Sirmondian Constitutions. — Princeton: Princeton University Press, 1952.
  7. Wikidata: Q4300