Legal Definitions - emblemata Triboniani

The term emblemata Triboniani refers to the specific alterations, modifications, and additions made to the writings of earlier Roman legal scholars during the creation of the *Digest* (also known as the *Pandects*). This monumental legal compilation was commissioned by Emperor Justinian in the 6th century CE. The task of reviewing and updating the vast body of existing law was overseen by a commission led by a prominent jurist named Tribonian.

The primary purpose of these changes was to resolve inconsistencies between different legal opinions, remove outdated or obsolete provisions, and ensure the law was current, coherent, and applicable to the contemporary Roman Empire. These modifications are more commonly referred to today as *interpolations*.

• Example 1 (Harmonizing Contradictions): Imagine two prominent Roman jurists, writing centuries apart, offered slightly different interpretations regarding the legal age at which a person could independently manage their inheritance. One text might suggest 14 years, while another implies 16 years for certain types of property. Tribonian's commission, in compiling the *Digest*, would have reviewed these conflicting opinions and *edited* one or both texts to establish a single, unified legal age, perhaps settling on 15 years, thereby resolving the contradiction. This modification would be an example of an emblemata Triboniani.

• Example 2 (Deleting Obsolete Matter): Consider ancient Roman laws that meticulously detailed the legal procedures for purchasing and selling specific types of livestock, like oxen for plowing, which were central to the economy centuries earlier. By Justinian's era, while still relevant, some of these highly specific rules might have become overly complex or superseded by more general commercial laws. The commission might have *removed* or significantly *simplified* these outdated, granular provisions from the older jurists' writings, deeming them no longer necessary for a modern legal code. This deletion would exemplify an emblemata Triboniani.

• Example 3 (Adding New Provisions/Updating): Suppose earlier Roman legal texts lacked clear provisions for a relatively new form of commercial partnership or a novel type of financial instrument that had become common in the centuries leading up to Justinian's reign. To ensure the *Digest* was comprehensive and relevant, Tribonian's commission might have *added* new clauses or *expanded* existing principles within the older jurists' works to address these contemporary legal developments, integrating them as if they were part of the original discourse. Such an addition would be an emblemata Triboniani.