from Part III - New Rules
Published online by Cambridge University Press: 17 July 2025
This chapter considers the impact of Justinian’s codification on our understanding of Classical Roman law. After reading the introductory constitutions in order to understand how Justinian used the Corpus Iuris to represent himself, I discuss the tendency of constitutions contained within the Codex Justinianus to avoid explicit disagreement. Justinian is the one emperor who regularly criticizes his predecessors in the Codex, which suggests that other conflict was redacted out in the compilation process. I then use a passage of Pomponius, discussing a strange hypothetical involving a cross-dressing senator, to argue that jurists were more engaged with other literary genres (like paradoxography) than is obvious from fragments which survive in the Digest, and that the redactive tendency to treat juristic treatises as sources of law has greater distorting effects than is immediately apparent.
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