Karol Ryszkowski
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引用次数: 1

摘要

为了维护国家的统一和法律秩序,查士丁尼禁止编写他编纂的法典的摘要、节选和解释。查士丁尼的禁令受到了严厉的惩罚;然而,在他的一生中,他们已经被违反了,这有助于法律思想的发展。查士丁尼编纂的持久性,从长期的有效性来看,只是表面上的,因为查士丁尼法律只是在后期才在理论上和以摘录的形式生效,包括牧歌,Basilika,利奥六世的小说,Procheiron和Epanagoge。根据帝国法律,东方教会拥有广泛的特权,因此它确保它不会因贫困而丧失。为此,制定了单独的条款,无论是仅在帝国宪法中,还是在所有查士丁尼立法中。在7世纪,这些典籍结合了拜占庭皇帝的典籍——由国家法律为教会翻译成古俄语,以及教会立法的规定——canons (nomocanons)。拜占庭的权力机构偏离了罗马的标准。罗马法在东欧发展的一个重要线索是它的教学。起初,问题是要消除雅典和亚历山大的科学中心,因为它们反对查士丁尼编纂法典。拜占庭学校崩溃的后果是东欧罗马-拜占庭法律科学发展的崩溃。缺少能够处理罗马法发展的学校也阻碍了它在俄罗斯和巴尔干半岛的接受,但在希腊,Hexabiblos一直持续到1946年。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Fate of the Roman Law in the Eastern Europe since the Death of Justinian the Great until the Fall of the Byzantine Empire
: To maintain the unity of the state and the legal order, Justinian banned the writing of abstracts, excerpts and interpretations of his codification. Justinian’s bans were subject to high penalties; however, they were already violated during his lifetime, which contributed to the development of legal thought. The durability of Justinian’s codification, as evidenced by long period of validity, was only apparent, because the Justinian law was only in force in later periods theoretically and in the form of extracts from extracts, including the Eclogue, Basilika, Novels of Leo VI, Procheiron and Epanagoge. The Eastern Church had far-reaching privileges under the imperial law, so it made sure that it was not lost by the desuetude. To this end, separate sets of provisions were created, whether included only in the imperial constitutions or provisions contained in all Justinian legislation. In the 7 th Century, these collections combined collections of the Byzantine emperors – translated into the Old Russian by the state law for the Church with the provisions of the church legislation – canons (nomocanons). The apparatus of power in Byzantium deviated from its Roman standards. An important thread in the development of the Roman law in the Eastern Europe was its didactics. In the beginning, the problem was to eliminate scientific centres in Athens and Alexandria, which were opposing the Justinian codification. The consequence of the collapse of schools in Byzantium was the collapse of scientific development of the Roman-Byzantine law in the Eastern Europe. The lack of schools that could deal with the development of the Roman law also hindered its reception in Russia and the Balkan Penin-sula, but in Greece Hexabiblos lasted until year 1946.
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