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On the origin of the constitution 
Alearum lusus (C. 3,43,1)
and its insertion into the Codex Justinianus

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image of Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

The article explores the origin of C. 3,43,1, which is a Latin epitome (Alearum lusus) of an originally Greek constitution of Justinian’s. The main issues discussed are when this constitution was translated, epitomized and by whom and when it was inserted in book III of the Codex. This is done by investigating the traces of the approximate times when the influence of the constitution in legal doctrine is apparent, both in civil and canon law. Furthermore, some com­mentaries on the Decretum Gratiani appear to reveal further information on the origin of the Latin text. The article aims at contributing to a better understanding of the genesis of the text of the Codex Justinianus as we know it in the early modern editions and Krüger’s 1877 edition.


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