Justinian and the Law - Essay Example

It means that considering law as a phenomenon, peculiar only to the certain socio-economic structure, and which keeps the same nature at establishment of basic concepts, principles, categories and institutes during all existence of human civilization is not correct. That is why there is a general growth of interest to researches, which under such point of view are of not only historical interest, but also help to define the character and tendencies of transformations of law in the process of historical development of humanity, and consequently to find out consistent patterns of its development, which must be taken into account in modern conditions.

Experience of development of law of legal system at Justinian's being in power can be very useful for the awareness of genetic root of many institutes of our legal system, establishment of possible prospects of its development, using of accomplishments and taking into consideration of lacks of conducting of those or other measures on perfection of the legal system, most grandiose from which is a systematization of law, conducted in the Eastern Roman Empire (Byzantine) in the first half of the sixth century by Emperor Justinian.

Let us appeal to the history as "the history of law, inseparable from the history of the State, because the growth of a legal system both determines and is determined by the general condition and civilization of the nation, finds in these same epochs its most natural divisions"1. An imperial aspiration of Justinian has negatively reflected on socio-economic position of the state, as a load of military charges came upon the population of Byzantium, destroying not only its economy but also the economy of neighbor countries.

At the same time, objectively his political direction had certain positive maintenance, as he to a certain extent operated in light of general tendency of competition of ancient culture with the barbarian world from Northern East, which threatened fully to destroy odds and ends of old Roman and ancient Greek cultures. The main directions of domestic policy of emperor Justinian were: gradual liquidation of last republican institutes and strengthening of individual power of emperor; creation of an authoritarian state based on enormous centralized state and conducting of related administrative reforms; achievement of unity of faith (confession unity) in the state with recognition of emperor as a main leader in this sphere; realization of economic measures, directed on multiplying commodity turnover and revival of production; circumscription of proprietary rights of main landowners, economic influencing of which sometimes outgrew in political power.

Limitations of rights of big landowners have been accompanied with measures, directed on encouragement of development of yeomanry (for example, by means of establishment of preferential taxes). Justinian pursues also a policy of encouragement to settling on new territory, and also to settling of earths which were before mastered, but then abandoned. What is important is that domestic and foreign policy of Justinian required not only the armed efforts