Abstract
The purpose of the article is to afford the topic of when and how the Theodosian Code
gained legal force in the western part of the Empire, lately solved with solutions that do not
ought to be widely accepted. Overlooked theories on the subject, here is stated that in the
West there was no official enactment of the Code because its copying and spreading into the
chancellery of the judges would have been evaluated by contemporaries as far as enough to
give legal strength to it. No question was raised for lack of simultaneity with eastern part of
the Empire because the constitution that enacted to the Code and gave legal force since January
2 439 in the East (Nov. Th. 1) was not even known in the West (that’s why the Senate met
in December 438). The sending of Nov. Th. 1 to the West in 447 shows that in the eastern part
of the Empire a distintinction between enactment and spread, by officially copying the legal
book of Theodosius, was made, so they want to mend the mistake taken into the West in the
legal procedure to enact and spread the Code.
Titolo tradotto del contributo | [Autom. eng. transl.] Old and new ideas on the entry into force of the Theodosian Code in the West |
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Lingua originale | Italian |
pagine (da-a) | 11-46 |
Numero di pagine | 36 |
Rivista | IURIS ANTIQUI HISTORIA |
Volume | 7 |
Stato di pubblicazione | Pubblicato - 2015 |
Pubblicato esternamente | Sì |
Keywords
- Enactment
- Late Roman Law
- Theodosian Code
- Western Part of the Empire