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Institutes of Justinian
The Institutes of Justinian ((ラテン語:Institutiones Justiniani) or "Justinian's Institutes") is a unit of the ''Corpus Juris Civilis'', the sixth century codification of Roman law ordered by the Byzantine emperor Justinian I. It is largely based upon the Institutes of Gaius, a Roman jurist of the second century A.D. The other units in the ''Corpus Juris Civilis'' are: the ''Digest'', the ''Codex Justinianus'', and the ''Novellae Constitutiones'' ("New Constitutions" or "Novels").〔See generally, Tony Honoré, "Justinian's Codification" in ''The Oxford Classical Dictionary'' 803 (Simon Hornblower and Antony Spawforth eds. 3rd rev. ed 2003).〕
== Drafting and Publication ==
Justinian's Institutes was one part of his effort to codify Roman law and to reform legal education, of which the Digest also was a part.〔Id. at 804. See also H.F. Jolowicz & Barry Nicholas, ''Historical Introduction to the Study of Roman Law'' 492-493 (3rd ed. 1972).〕 Whereas the Digest was to be used by advanced law students, Justinian's Institutes was to be a textbook for new students.〔Id. at 492.〕 The need for a new text for first year students was addressed as early as 530 in the constitution "Deo auctore," where reference is made to something "...which may be promulgated to replace the elementary works, so that the raw intelligence of the student, nourished by a simple diet, may proceed more easily to advanced legal studies."〔Tony Honoré, ''Tribonian'' 187 (1978), quoting Deo auctore.〕 Under the supervision of Tribonian, two law professors (Theophilus and Dorotheus) were assigned to extract statements about the basic institutions ("Institutiones") of Roman law from the teaching books created by writers of "authority" (as defined in the Law of Citations). The bulk of this new Institutes is the Institutes of Gaius, much of it taken verbatim; but it also uses material from the Institutes of Marcian, Florentinus, Ulpian, and perhaps Paulus (the other writers of "authority.".〔Honoré, "Justinian's Codification, supra note 1, and Jolowicz & Nicholas, supra note 2 at 493〕 There is some debate over which of the commission members is responsible for what part of the new Institutes. Most recently it has been suggested that Theophilus and Dorotheus created the extracts taken from the older works, while Tribonian revised and added new imperial laws.〔Honoré, ''Tribonian,'' supra note 3 at 189 (1978).〕
This new version of the Institutes was published on November 21, 533 and promulgated with the Digest on December 30, 533.〔Jolowicz and Nicholas, supra note 2 at 493.〕 These new Institutes were not only a textbook for first year law students, but, according to the decree that promulgated them (C. Tanta), they carried the force of law.〔Id. at 492.〕 First year law students used Justinian's Institutes as their textbook for centuries.〔Honoré, "Justinian's Codification," supra note 1 at 804.〕
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