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150 AD - Gaius

Oddly, he is known only by this common Roman first name.

A Roman, and Roman law teacher and sometime lawyer – a jurist - who was one of many experts on Roman law in the centuries preceding Justinian.

Holland wrote:

"His fame was doubtless, rather that of a teacher than of a practising lawyer, and his (Roman law) manuals became the received textbooks in the regular course of legal study."

But contrary to his contemporaries, including Ulpian (who came a hundred years later, Gaius gained the ultimate fame of having his treatises Everyday Law and his own version of a Roman Law Institutes selected by Justinian’s law reform team for much of the structure and content of the all-important Corpus Juris Civilis and its Institutes.

Even before that, Roman Emperor Theodosius II (347-395) had named him as one of five jurists the writings of which Roman law judges had to follow (Ulpian was also selected).

He published, at last count, some fifteen books, the most important of which was his Institutions, discovered by archeologist Niebuhr at Verona in 1816.

It was than that historians could confirm the profound incorporation of his Roman law theories into Justinian’s Institutes, which became the definitive work of law in Europe for a thousand years. Of the 901 articles of Justinian’s Institute, almost half were taken from Gaius, as was the general organization plan of Justinian’s work.

Justinian and his reform team was so fond of him, that they referred to him in the Institutes as Gaius noster or “our own Gaius” and he is the only Roman law jurist – other than Tribonian and the othr reform team members, to be named in the preamble of Justinian’s Institutes published on November 21, 533.

Even today, Gaius' writings are still studied by students at civil law universities and are the subject of ongoing seminars.


REFERENCES:

  • Birks, P. and McLeod, G., Justinian’s Institutes (London: Gerald Duckworth & Co., 1987), page 7.
  • Holland, Thomas, The Institutes of Justinian (Oxford: Clarendon Press, 1881), pages x-xi.

Published: Saturday, March 22, 2008
Last updated: Saturday, March 22, 2008
By: LloydDuhaime

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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