3.2.

7 Practice: The Code of Justinian Practice

World History Sem 1 Name:
Date:

In this assignment, you will complete the following steps:

1. Read: Read an excerpt from the Code of Justinian. Pay special attention to
how certain legal concepts, like free and justice, are defined in Byzantine
society. Also pay attention to any resemblances you see between the Code of
Justinian and laws in the modern United States.

2. Analyze: Answer a series of questions about the Code of Justinian. Support

each of your answers with information from the reading and, if applicable, from
your knowledge of today's laws.

This section is not graded.

As you read the excerpt from the Code of Justinian, take notes on how Byzantine
legal experts defined terms still in use today, such as natural law and justice. Also
note any connections you see between the laws from Justinian's time and the laws
of today. Which parts seem familiar, and which parts seem strange, out of date, or
even surprising? Be ready to explain your observations when you answer the
questions in the next section.

This section is worth 30 points. See the scoring rubric for more details on how you will
be graded.

Once you have finished your reading, respond to each question. Provide detailed
answers and support them with evidence.

1. In your own words, define each term or set of terms Justinian uses in his code.

Term Definition

maxim
 A statement that is used to express a
general truth or code of conduct

Something fair to both parties.

justice

Written law is a law that consists of

plebiscite, leges, SenatusConsulta.
These are laws of the state while the
unwritten laws are commonly known as
words

written (civil) versus unwritten

(common) law

A law that is basic and it is well known

by humans to follow

natural law

Something that can’t be ignored

fixed and immutable

manumission
Means someone is freed from being
controlled by someone.
2. Explain the difference between freedom and slavery in Byzantine society. For
example, what does it mean, in a legal sense, to go from being a slave to being free,
or vice versa? How was slavery viewed in Byzantine law?

The Eastern Roman Empire or the Byzantium was the extension of the Roman
Empire and they considered slavery as legal in their empire. Byzantium slaves
included the prisoners from war and they were made to work as slaves in home and
in churches.

Slaves of the empire were not allowed to marry until the emperor grants them the
permission. There were even slave markets present in many parts of the town and
they sold children and adults at fixed prices.

During the period the transition from slave to freemen took place by calling the slave
to free labor and employing them in various fields and some even started to seek
self-employment.
3. Due process is the modern idea that people are treated fairly by the laws and
government of the state. Where is there evidence of due process in the Code of
Justinian?

The due process is evidenced in the Justinian Code because the laws were
classified into different categories to organize them and give a different solution to
each case as appropriate Additionally, it has a section in which it reaffirms the rights
of citizens and their duties to treat them all in the same way by the law (equality and
justice).

4. The Code of Justinian divides the law into public and private sectors. What is
public law, and what is private law? Why is public law so important to maintain an
individual's freedoms? In what ways is public law important today?

Essentially, the difference between public law and private law is whether the act or
acts affect society as a whole or is an issue between two or more people.

5. Justinian states that the laws of the state are subject to the "tacit consent of the
people." Explain what this most likely means, and give an example from recent times
to support your explanation.

The government creates laws. And laws are created to protect people and having a
peaceful society. According to Justinian, laws are not created to oppress people, but
to allow harmonic relationships in society. An example of recent times would be
when the government enforces legislation to protect the interest of the citizens
instead of supporting the particular interest of political groups or associations. The
government is to serve the people, not personal agendas.

6. In section VIII, the Code of Justinian makes a connection between being subject
to a master and being subject to a parent. Compare and contrast slaveowners to
parents or guardians from a legal standpoint.

Compare: Legally, both have some type of authority. Both are responsible for the
person. Both have a choice.

Contrast: Legally, slave owners may hit their slaves, parents may not. Slave owners
may neglect their slaves of day-to-day needs, parents may not. Slave owners may
keep their slaves for their entire life, parents may not.
Here is the rubric on which your research and writing will be graded.

Analyze (30 points) Points possible Points awarded

Question 1: Student
defines all six terms or
sets of terms accurately
and in his or her own
words. 5  

Question 2: Student
demonstrates a detailed
understanding of the legal
distinctions the Code of
Justinian makes between
slave and free, and gives
examples to illustrate. 5  

Question 3: Student 5  
identifies an example of
due process in the Code
 of Justinian that
resembles the modern
concept.

Question 4: Student
correctly distinguishes
between public and
private law as Justinian
defines it, and makes a
plausible connection to
modern times. 5  

Question 5: Student
provides a reasonable
interpretation of "tacit
consent of the people"
and gives a fitting,
relevant example from
recent times. 5  

Question 6: Student gives

an opinion on the legal
distinction between
slaveowner and parent (or
guardian), using helpful
examples to illustrate. 5  
3.2.7 Practice: The Code of Justinian