The importance of ‘formalism’ in Roman law is generally recognized; however, the tendency to endow every act in the law with a definite form is not only, as Fritz Schulz believed, ‘the most immediately noticeable feature of archaic Roman jurisprudence’: in the age of Constantine, this ‘tendency’ was still widespread. According to Eusebius of Caesarea, the emperor Constantine would have modified the ancient laws regarding the law of succession, allowing to make a will without the observance of the ancient formalism. This article analyzes this revolutionary reform, in the light of three obscure imperial constitutions, transmitted by the Code of Justinian (CJ 6,23,15; CJ 6,37,21; CJ 6,9,9).
Sperandio, M.U. (2017). Formalismo e antiformalismo in alcune costituzioni dell'imperatore Costantino. In Formalisme et néoformalisme (pp.5-24).
Formalismo e antiformalismo in alcune costituzioni dell'imperatore Costantino
Marco Urbano Sperandio
2017-01-01
Abstract
The importance of ‘formalism’ in Roman law is generally recognized; however, the tendency to endow every act in the law with a definite form is not only, as Fritz Schulz believed, ‘the most immediately noticeable feature of archaic Roman jurisprudence’: in the age of Constantine, this ‘tendency’ was still widespread. According to Eusebius of Caesarea, the emperor Constantine would have modified the ancient laws regarding the law of succession, allowing to make a will without the observance of the ancient formalism. This article analyzes this revolutionary reform, in the light of three obscure imperial constitutions, transmitted by the Code of Justinian (CJ 6,23,15; CJ 6,37,21; CJ 6,9,9).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
