As these jurists had in their commentaries upon the leges, senatus consulta and edicts of the magistrates practically incorporated all that was of importance in those documents, the books of the jurists may substantially be taken as including (i.) and (ii.).
Like many other distinguished German jurists, pari passu with his professorial activity, Simson followed the judicial branch of the legal profession, and, passing rapidly through the subordinate stages of auscultator and assessor, became adviser (Rath) to the Landgericht in 1846.
Tribonian has been blamed for the insertions the compilers made in the sentences of the old jurists (the so-called Emblemata Triboniani); but it was a part of Justinian's plan that such insertions should be made, so as to adapt those sentences to the law as settled in the emperor's time.
The number of jurists from whose works extracts were made is thirty-nine, but the writings of Ulpian and Paulus make up quite half the work..
The work was declared to be the sole source of nonstatute law: commentaries on the compilation were forbidden, or even the citing of the original works of the jurists for the explaining of ambiguities in the text.
GODEFROY (GOTHOFREDUS), a French noble family, which numbered among its members several distinguished jurists and historians.
For while at New College only twenty out of seventy fellows were to study law instead of arts, philosophy and theology, at All Souls College sixteen were to be " jurists " and only twenty-four " artists "; and while at New College there were ten chaplains and three clerks necessarily, at All Souls the number was not defined but left optional; so that there are now only one chaplain and four bible clerks.
The judicial council (consiliarii Augusti, later called consistorium), composed of persons of the highest rank (especially jurists), became a permanent body of advisers, although merely consultative.
In modern times Tribonian has been, as the master workman of Justinian's codification and legislation, charged with three offences - bad Latinity, a defective arrangement of the legal matter in the Code and Digest, and a too free handling of the extracts from the older jurists included in the latter compilation.
The most distinguished of the early jurists (whose works are lost) were Q.
Those jurists often justified the plenitudo potestatis conceded to the emperor by the fact that he stood at the head of Christendom.
We find the same expressed by many German jurists, i.e.
In 1903 an agreement was reached by which the question of this boundary, which depended on the interpretation put upon the treaty of 1825 between Russia and England, should be submitted to a commission consisting of " six impartial jurists of repute," three British and three American.
When he had taken Lombardy (1158) and had had the principles of the imperial supremacy proclaimed by his jurists at the diet of Roncaglia, the court of Rome realized that war was inevitable, and two energetic popes, Adrian IV.
Employed their jurists to collect the most important of their rulings, and Gregory's decrees became the definitive repository of the canon law.
In the large towns the burgomasters must be jurists, arid are paid.
The philosopher left several sons, some of whom became jurists like his own grandfather.
They were of two classes, the " Alkalis' Court," presided over by trained Mahommedan jurists, and " Judicial Councils," under the leading chiefs and natives presided over by the emir or other native ruler.
There was at one time a tendency among jurists to question whether, for instance, the prevention of cruelty to animals was not a recognition of a certain quasiright in animals, or whether it was merely that such exhibitions as bulland bear-baiting, cock-fights, &c., were demoralizing to the public generally.
The eminent jurists who flourished in Moslem Egypt form a very lengthy list.
And Valentinian III., which gave special weight to the writings of five eminent jurists (Papinian, Paulus, Ulpian, Modestinus, Gaius); but it was very far from removing it.
No complete collection of them existed, for although two collections (Codex gregorianus and Codex hermogenianus) had been made by two jurists in the 4th century, and a large supplementary collection published by the emperor Theodosius II.
4 In enacting the Digest as a law book, Justinian repealed all the other law contained in the treatises of the jurists (that jus vetus which has been already mentioned), and directed that those treatises should never be cited in future even by way of illustration; and he of course at the same time abrogated all the older statutes, from the Twelve Tables downwards, which had formed a part of the jus vetus.
If he had, so to speak, thrown into one furnace all the law contained in the treatises of the jurists and in the imperial ordinances, fused them down, the gold of the one and the silver of the other, and run them out into new moulds, this would have been codification.
In Turkey, and above all in Egypt, it has been found necessary greatly to limit the sphere and influence of the canonical jurists and to introduce institutions nearer to Western legal usage.
This uncertainty had been brought about by the conflicting opinions of the jurists of the 6th century as to the proper interpretation to be given to the legislation of the emperor Justinian, from which had resulted a system of teaching which had deprived that legislation of all authority, and the imperial judges at last were at a loss to know by what rules of law they were to regulate their decisions.
The weight of authority, however, is against any further revision of the code having been made after the formal revision which it underwent in the reign of the emperor Leo, who appointed a commission of jurists under the presidency of Sympathius, the captain of the body-guard, to revise the work of his father, to which he makes allusion in the first of his Novellae.
The great bulk of the code was an obstacle to the multiplication of copies of it, whilst the necessity for them was in a great degree superseded by the publication from time to time of synopses and encheiridia of its contents, composed by the most eminent jurists, of which a very full account will be found in the Histoire au droit byzantin, by the advocate Mortreuil, published in Paris in 1846.
(1) The Senate of fourteen members, of whom eight must belong to the learned professions, and six of these again must be jurists, while of the remaining six, five must be merchants.
BARTOLUS (1314-1357), Italian jurist, professor of the civil law at the university of Perugia, and the most famous master of the dialectical school of jurists, was born in 1314, at Sassoferrato, in the duchy of Urbino, and hence is generally styled Bartolus de Saxoferrato.
In Germany it was enacted by the law of February 28, 1873, that German consuls must be either trained jurists, or must have passed special examinations.
Jurists at one time contended that according to international law a right of " ex-territoriality " attached to consuls, their persons and dwellings being sacred, and themselves amenable to local authority only in cases of strong suspicion on political grounds.
The doctrine of the rights of the lay monarchy sustained by Occam and John of Paris, by Marsilius of Padua, John of Jandun and Leopold of Bamberg, was affirmed by the jurists and theologians, penetrated into the parlements and the universities, and was combated by the upholders of papal absolutism, such as Alvaro Pelayo and Alonzo Trionfo.
The conception, as we have seen, was taken from the later Roman jurists; by them, however, the law of nature was conceived as something that underlay existing law, and was to be looked for through it, though it might ultimately supersede it, and in the meanwhile represented an ideal standard, by which improvements in legislation were to be guided.
By the time of the jurists it had become hereditary and compulsory.
Here the jurists of Bologna appeared, armed with their new lore of Roman law, and expounded Justinians code in the interests of the German empire.
" Jurisdiction " is a word borrowed from the jurists which has acquired a wide extension in theology, wherein, for example, it is frequently used in contradistinction to " order," to express the right to administer sacraments as something superadded to the power to celebrate them.
In regard to marriage the secular jurists distinguished between the civil contract and the sacrament, for purposes of separating the jurisdiction (Diet.
The Ottoman civil code is maintained for the present, but it is proposed to establish a code recently drawn up by Greek jurists which is mainly based on Italian and Saxon law.
But the praetor Rutilius, about the beginning of the 1st century B.C., limited the excessive imposition of such conditions, and his restrictions were carried further by the later jurists and the imperial constitutions.
He came of a family that counted among its members several jurists and magistrates.
(1219-1236) the city was thronged with artists, poets, historians, jurists and dervishes, driven westwards from Persia and Bokhara by the advance of the Mongols, and there was a brief period of great splendour.
The most eminent of all the Roman jurists was Aemilius Papinianus, the intimate friend of Septimius Severus; of his works only fragments remain.
The Roman jurists say little, and only incidentally, as to sovereignty.
But in the middle ages, under the influence of the Roman law, and with the belief in the existence of an empire entitled to universal sway, an absolutist theory of sovereignty was developed in the writings of the jurists who revived the study of that law: the emperor was sovereign; "quod principi placuit legis habet vigorem" (Institutes, i.
"If the sovereign power is to be understood in this fuller, less abstract sense, if we mean by it the real determinant of the habitual obedience of the people, we must look for its sources much more widely and deeply than the analytical jurists do; it can no longer be said to reside in a determinate person or persons, but in that impalpable congeries of the hopes and fears of a people bound together by common interest and sympathy, which we call the common will" (Green's Works, 2.404).
Canadians could not be persuaded that the American members fulfilled the condition of being " impartial jurists," and protest was made, but, though the imperial government also expressed surprise, no change in the appointments was effected.
Thus the resolutions of the Institute have the authority attaching to a mature expression of the views of the leading international jurists of Europe.
The first of these comprised: (i.) all such of the statutes (leges) passed under the republic and early empire as had not become obsolete; (ii.) the decrees of the senate (senatus consulta) passed at the end of the republic and during the first two centuries of the empire; (iii.) the writings of the jurists of the later republic and of the empire, and more particularly of those jurists to whom the right of declaring the law with authority (jus respondendi) had been committed by the emperors.
No perfect MS. has been preserved of the text of the Basilica, and the existence of any portion of the code seems to have been ignored by the jurists of western Europe, until the important bearing of it upon the study of the Roman law was brought to their attention by Viglius Zuichemus, in his preface to his edition of the Greek Paraphrase of Theophilus, published in 1533.
Three of Pithou's brothers acquired distinction as jurists: Jean (1524-1602), author of Traite de police et du gouvernement des republiques, and, in collaboration with his twin brother Nicolas (1524-1598), of Institution du mariage chretien; and Franccois (1543-1621), author of Glossarium ad libros capitularium (1588), Traite de ?excommunication et de l'interdit, &c. (1587).
The new essays in this volume were mostly critical, but one of them, in which perhaps his guessing talent is seen at its best, "The Divisions of the Irish Family," is an elaborate discussion of a problem which has long puzzled both Celtic scholars and jurists; and in another, "On the Classificatory System of Relationship," he propounded a new explanation of a series of facts which, he thought, might throw light upon the early history of society, at the same time putting to the test of those facts the theories he had set forth in Primitive Marriage.
In France Philip IV.'s jurists maintained that the temporal power was independent of the spiritual.
The instructions given to them by the emperor were as follows: - they were to procure and peruse all the writings of all the authorized jurists (those who had enjoyed the jus respondendi); were to extract from these writings whatever was of most permanent and substantial value, with power to change the expressions of the author wherever conciseness or clearness would be thereby promoted, or wherever such a change was needed in order to adapt his language to the condition of the law as it stood in Justinian's time; were to avoid repetitions and contradictions by giving only one statement of the law upon each point; were to insert nothing at variance with any provision contained in the Codex constitutionum; and were to distribute the results of their labours into fifty books, subdividing each book into titles, and following generally the order of the Perpetual Edict.2 These directions were carried out with a speed which is surprising when we remember not only that the work was interrupted by the terrible insurrection which broke out in Constantinople in January 532, and which led to the temporary retirement from office of Tribonian, but also that the mass of literature which had to be read through consisted of no less than two thousand treatises, comprising three millions of sentences.