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.

Barbati, S., Idee vecchie e nuove sull'entrata in vigore del Codice Teodosiano in Occidente, <<IURIS ANTIQUI HISTORIA>>, 2015; 7 (N/A): 11-46 [http://hdl.handle.net/10807/69612]

Idee vecchie e nuove sull'entrata in vigore del Codice Teodosiano in Occidente

Barbati, Stefano
2015

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.
Italiano
Barbati, S., Idee vecchie e nuove sull'entrata in vigore del Codice Teodosiano in Occidente, <<IURIS ANTIQUI HISTORIA>>, 2015; 7 (N/A): 11-46 [http://hdl.handle.net/10807/69612]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/69612
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