Gaius (Jurist)

Gaius was a Roman jurist who is best known as the author of the textbook Institutiones.

Life

Science knows very little about his life, and it is even impossible to bring his full name in experience, only Gaius or Caius (see: Roman name). From his work it can be concluded that he has worked in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works have therefore compiled between 130 and 180 AD, at a time when the Roman Empire was in full bloom and his government were most successful. Probably Gaius lived in a provincial town, which is why we have no contemporary notes about his life or work. After his death his writings were recognized as of so great authority, that the Emperor Theodosius II and Valentinian III. him in her Zitiergesetz from the year 426, together with Papinian, Ulpian, Modestinus and Julius Paul, appointed one of the five jurists whose opinion of the judiciary in cases to be decided should be followed. The work of these lawyers were the primary sources of Roman law.

Performance

In addition to the Institutiones (Click, teachings ), which are a complete set of the elements of Roman law, Gaius was the author of, among other comments to the edicts of the Court officials to the Twelve Tables and the Lex Papia Poppaea. His interest in the early days of Roman law is clear, and also because his work is on the history of the early institutions extremely valuable. In the disputes between the two schools of Roman jurists, he was generally on the side of Sabinianer that should have been supporters of Gaius Ateius Capito, of whose life we ​​have some information by Tacitus ' Annals; He defended a strict adherence to the old rules, as far as possible, and demands to resist innovations. Many quotations from his works we find in the Digest of Justinian, who earned as a permanent place in the Roman legal system; a comparison of the Institutiones of Justinian with those of Gaius shows that the entire methodology and arrangement of the later work of the previous follows, and many passages even match literally. Presumably in the three centuries between Gaius and Justinian the Institutiones of the former, the common textbook for all students of Roman law.

The work was lost to modern scholars until 1816 Barthold Georg Niebuhr, a manuscript in the Abbey Library of Verona discovered which contained some works of St. Jerome, who had written about earlier texts, which turned out to be the lost writings of Gaius. The greater part of this palimpsest could be deciphered, and the text is now almost complete. The discovery has thrown much light on parts of the Roman legal history, previously mostly lay in the dark. Much of the historical information that originates from Gaius, is missing in the compilation of Justinian, and in particular the description of the old procedures. These rules survivors can be tracked from the earliest times, which supports the comparative law research with useful advice in explaining odd procedural rules other earlier systems.

Another factor that makes the writings of Gaius for historical research more interesting than the Justinian, is that Gaius lived in a time, were promoted as a method by the system of Formulae, formal statements by the praetor, before the came first the case to the judge, to whom he gave it. Without knowing the terms of this Formulae it is impossible to clarify the interesting question of Roman legal history to show that is how the old Roman law peculiar rigid rules were modified to an equitable jurisdiction of the praetors, as made ​​applicable to new conditions and in compliance have been associated with the ideas and needs of a more developed society. From the evidence of Gaius is clear that this result was achieved not by an independent court administration, as in England before the Judicature Act, a system that differs from the ordinary courts, but by manipulation of the Formulae. The time of Justinian the work was done, and disappeared the system of Formulae.

The Institutiones of Gaius are in three areas ( Personae, Res, actiones - persons, property, court actions ) organized and consist of four books: the first deals with people and the different statuses they occupy before the law; the second deals with things and the ways in which rights may be acquired by them, including the laws on the will; the third of the intestate inheritance and regulated the obligations; the fourth deals with the process and procedures.

The influence of the Institutiones of Gaius is detectable until today. Revision they were not only transferred to the Corpus Juris Civilis, but characterize as a system of institutions and the development of modern codifications of the French Civil Code of the Austrian General Civil Code ( Civil Code) and the Italian Civil Code, up to the General Part of the Civil Code ( BGB ).