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Justinian Code

Laws Project

Marwa Alakozay

on 20 September 2012

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Transcript of Justinian Code

By: Marwa Alakozay & Emel Yildiz The Justinian Code When and where? The Justinian Code's laws were first written in the Ancient Rome
Those laws in the Ancient Rome were called the "Twelve Tables"
The Twelve Tables give people the opportunity to work in the society, help hold it together and operate it.
Justinian was an Emperor for Byzantines.
The Justinian Code was the collection of Roman law into a single volume by Justinian, Emperor of Byzantium
February 528, Justinian started collecting people to help him.
The Justinian Code was completed in 529 Made up of four parts 1. The Institutes served as a textbook in law for students and lawyers.
2. The Digest casebook covering many trials and decisions.
3. The Codex a collection of statutes and principles
4. The Novels contained new proposed laws. Women Children Unskilled Workers/Slaves Unlike most laws, the Justinian Code gave reasonable rights to the slaves and unskilled workers. Those who were slaves were either born as one, or their mothers were slaves themselves. Either by the law of nations or by the civil law, as when a free man who is over the age of twenty, can allows him to be sold in order that he may share the purchase money. Slaves and unskilled workers were downgraded based on job opportunities, but they had the general rights as well. Overall, the people still saw the peasants and slaves as humans and gave them rights as well.
• The right to their own property
• The right to education
• Allowed to give protection for their women and children
Wealthy/Landowners Unfair laws Who is responsible for the crime committed? The person proven guilty would be responsible for the crime committed. He/She would have to serve the consequences. Justinian's Code was very significant in the development of ideas for democracy. For instance, one of the laws in Justinian's Code stated that a person was innocent until proven guilty. Who & What do the laws protect? The Justinian Code's laws were made to protect the people. The laws were made to keep the society from harm. The law protects people’s freedom from being taken advantage of. It protects individual’s property and gives people rights and freedom How is guilt or innocent proven? Guilt is not sentenced until proven. One of the Justinian Code's laws were "you are innocent until proven guilty". If you did not have any evidence (e.g witness) the crime would be investigated. How is this law classified? Positive Law: He gave people more rights and more freedom. It is also a Positive Law, because it was created for his people and to improve his Empire to become one of the greatest.

Natural Law: The Justinian Code can be defined as a Natural Law due to the fact that it was man made/written. Justinian gathered ten people to help him re-word the 4,000 laws into 4 parts. He gave more freedom and more rights to his people. How does this influence the Canadian legal system? The Emperor Justinian collected up all the old laws and added new ones that gave his people even more rights. He wanted to write laws that were fair for everyone, because he felt that everyone needed a say. Therefore, the governments presenting from this day still refer to his laws as guides.It made the law simple and organized; therefore all people could have an understanding of it. Also, The Justinian Code became the basis of law for a lot of countries throughout most western European countries. One of the famous quote laws from the Justinian Code was “You are innocent, until proven guilty”. This law is still used today, because it proves that a person should not suffer consequences until they have proof. The Justinian Code was very successful at combining two types of law in order to form a private law. Without it, law making and law enforcements wouldn’t be as advanced as it is today. Pictures The Justinian Code’s laws did not give much equal rights to women that they gave to men. Majority of the laws for them was the opposite they had for men. They were not allowed to be judges or have any capacity in a court of law. Although women’s laws were unfair compared to the men, they still had laws that would keep them high standard. Justinian’s wife Theodora wanted her husband to make laws that were fairer to women. She believed that jobs should be given based on ability and not social class. One of the laws that were made was to give women more rights. “All women can own property, make contracts, wills, and bring a lawsuit.” This was one of the quotes that were published for women rights. Children were basically under the power of their parents.Since Justinian’s wife Theodora wanted more rights to women, she also gave daughters more rights as well. Therefore, one of the laws was that parents had to leave property to their daughter. The Justinian’s Code chose to give the rights to the girls rather then the boys, because they wanted some rules where girls had more power. Although girls had some rights, there were still rules that were unfair because of gender. For example; the daughter can only disapprove the marriage if the father had chosen a person with bad behavior. Although the son had the complete right to refuse and cancel a marriage for any reason he wished. Also, illegitimate children belonged to the mother and had no right to a share of the father’s family. If a father wanted a connection with his son or daughter, he had to marry the mother of his child. “Our children whom we have begotten in lawful wedlock are in our power.” This was from the parents, because they feel that they should have all power over their children. Justinian’s wife Theodora, wanted her husband to choose government leaders. She believed that jobs should be chosen based on ability and not social class. Most empresses came from noble families. Theodora’s early life gave her an idea of how the ordinary citizens lived their life. Thus, her husband also came from a poor family. Just like Rome, there was a small amount of citizens that were wealthy, while most were poor or working constantly. Therefore, the wealthy people did have higher standards then the poor, although they did not have many rules because of their social class. • Women were not allowed to be judges or in any capacity in a court of law.
• A daughter can only disapprove her marriage if the person her father picked had bad behavior. Although the son the complete right to refuse and cancel a marriage for any purpose
• Illegitimate children belonged to the mother and had no right to a share of the father’s family.
• If a man physically abuses his wife with a whip or rod without legitimate, there will still be no divorce
• Women could not inherit property from their husbands unless it was provided in the will. Children received equal amounts from their father’s will.
• Manu marriages were rare and daughters usually remained the power of their birth fami
People in an ascendant-descendant relationship---father-daughter; aunt-nephew, etc. may not marry. Brothers and sisters may not marry, but first cousins could.
A Christian cannot marry a Jew.
A widow may not remarry less than a year after her husband’s death. Severe financial penalties followed violation of this rule.
A girl who was less than 12 years old when she married is not really a lawful wife until she reaches that age, but she can continue to live with her “husband” until then.
In the law of persons, then, the first division is into free men and slaves.
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