This paper examines the Institutes of Justinian, a foundational legal text compiled in 535 CE under Emperor Justinian I, and argues for its enduring relevance across cultures and centuries. The paper traces the historical context of Justinian's reign, the philosophical core of the Institutes — particularly the division of law into civil law, the law of nations, and natural law — and their influence on legal systems from medieval Europe to modern South Africa and the United States. The paper also engages contemporary debates about whether natural law remains a valid concept or should be replaced by purely empirical legal science.
A true test of the validity of a written philosophy, work of art or literature, or law is its endurance: how long it is used or appreciated, by how many people, and its reach to other cultures and societies. Based on this definition, the Institutes of Justinian have a very strong, enduring history of validity. Although written as far back as 535 CE, the ideas behind this set of Roman laws remain very relevant today.
Justinian's Institutes were composed in Constantinople. The text is one of the greatest legal documents of ancient times, summarizing over a thousand years of legal expertise. Justinian was the Roman Emperor in late antiquity — the last period during which this empire could go on the offensive with any real hope of success. Nevertheless, Justinian accomplished a great deal during his tenure. His extensive building program left the world some of the finest surviving examples of Byzantine ecclesiastical architecture. It was also a memorable era of poets, scholars, philosophers, and historians. The publications he commissioned — the Codex Justinianus, the Institutes, and the Digest of Roman jurisprudence — remain continual reminders of the past achievements of Roman legal heritage.
At the end of the Roman Empire, Roman law was largely forgotten for a time. It was later revitalized during the Medieval period and carried forward into more modern epochs. In many regions of the German Reich, Roman law remained the primary source of legal rules until the introduction of the German Civil Code in 1900. Even today, a special branch of the Ius Commune known as Roman-Dutch Law forms the basis of the legal system in the Republic of South Africa. Indeed, the Romans were the first to make law into a science. The first two centuries of the Common Era are called the classical period of Roman law, because the law as taught and practiced during that time best exemplified the classic characteristics of the Roman legal tradition.
Roman law is still known today because of publications such as the Institutes of Justinian, which form part of the Corpus Iuris Civilis — the compilation of several law codes ordered by the Emperor. The Institutes can be compared to a major legal textbook covering fifteen centuries of Roman law.
Justinian's main philosophy was that although all law concerns persons, things, and actions, the "law of persons" (jus personarum) is the most important. "There is little point in knowing the law," he observed, "if one knows nothing about the persons for whom it exists." Although this division of law into persons and actions no longer exists as such, Justinian was certainly correct in noting that there is no point in knowing the law if one knows nothing of the persons it governs.
An example from the Institutes is found in Book One, Title 2, "Of the Law of Nature, the Law of Nations, and the Civil Law." This section states that the civil law of Rome and that of other countries is bound to differ, because the people who live in different places are not the same. However, all legal systems will share some similarities, since human beings resemble one another more than they resemble animals. As the Institutes put it: "The laws of every people governed by statutes and customs are partly peculiar to itself, partly common to all mankind."
There are two types of laws. Those rules that a state enacts for its own members and are unique to itself are called civil law; those rules prescribed by natural reason for all people and observed by all nations alike are called the law of nations. Civic laws are based on the needs of the local people, but the law of nations should be adhered to by all individuals worldwide. For example, the Institutes note that slavery is against natural law, since all men are born free.
"Distinction between local civil law and universal law"
"Contemporary debates over natural law's relevance"
Given the significant differences that exist among cultures across the world, it is very difficult to determine with precision what "natural law" is. However, a few foundations may be identified: the protection and safety of human life; individual freedom and liberty; maintenance of private property; and honesty and fidelity to one's personal oaths, which allow for trust among people. Within these natural laws, of course, are greater shades of gray that require law as an interpreter.
Every year in the United States, thousands of new laws are written. The question is: how many of these laws exist only on the books and are never followed? How many are so antiquated or so specialized that they are impossible to enforce, and who can possibly keep up with all of them? It is a simplistic notion, of course, but if people were raised to believe in the "natural laws" described above — protection of human life, individual liberty, respect for property, and personal honesty — perhaps many of the additional laws on the books might not be quite so necessary.
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