Theodosian Code

Golden Solid of Theodosius II, Roman Emperor of the East, who ordered the compilation of the Code of Roman Laws bearing its name

The Theodosian Code (Codex Theodosianus) is a compilation of the laws in force in Roman Law during the Lower Empire. This legal body was of an official nature, since it was elaborated at the initiative of the State, more specifically the Emperor, who was the only legislator. Its writing was begun in 429 by order of Theodosius II, under the direction of the Praetorian Prefect, Antiochus, and promulgated in the eastern part of the empire in 438 by Theodosius II himself. A year later it was promulgated in the West by order of the Emperor Valentinian III. It is structured in 16 books divided into titles, within which the Imperial Constitutions appear in chronological order. The first five books refer to private law; the sixth, seventh and eighth, to the administrative; the ninth, to criminal law; the tenth and eleventh, tax law; from the twelfth to the fifteenth, deal with communal law; and finally the sixteenth and last are dedicated to canon law

Features

The Code is written in Latin, the official language of the Empire. In its content, public law predominates over private law and there are also rules aimed at imposing religious orthodoxy against heresies, especially the Arian one professed by many of the barbarian chiefs; for this reason, among its laws the code contains 65 decrees directed against heretics, as well as a multitude of provisions to regulate the segregation of Jews.

The Code did not have a wide application, particularly in the East, and Roman Law was reorganized in the Corpus Iuris Civilis promulgated in the time of Justinian I. It was published on February 15, 438 and entered into force on January 1 of the following year. In the Eastern Empire, it was valid until Justinian; with the publication of the Codex Vetus, he abrogated it on April 17, 529. However, in the West or in Italy he slowed down the introduction of Justinian's law, and in other Western European countries it lasted much longer, constituting the main nucleus of the Roman laws of the Germanic kingdoms, such as the Visigothic Breviary of Alaric.

It recognized the full validity of the Constitutions contained in the Hermogenian Code, as well as those works of jurisprudence that were not in opposition to the Constitutiones.

It is an intermediate code between the Hermogenian and the Gregorian, it is incomplete both for scientific and practical purposes, but it was ideal to satisfy, with the help of both codes and works of classical jurisprudence, the needs of the courts.

It has some flaws, such as that the order in the titles is not perfectly chronological, there are many Constitutions excluded, while other insignificant ones were included, gaps in the manuscript tradition.

These defects are due to the fact that it is the first attempt.

The Theodosian Code is not well known, since a complete text has not come down to us and only the two preceding Codes of the Justinian Code, some imperial Constitutions and manuscripts are known. Reconstruction has been attempted, but notable gaps always remain, especially in the early books.