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Legal Definitions - fragmenta
Definition of fragmenta
Fragmenta refers to specific excerpts or passages taken from the extensive writings of ancient Roman legal scholars, known as jurists. These selected passages were systematically collected and organized into a monumental legal compilation called Justinian's Digest, a cornerstone of Roman law. Essentially, fragmenta are the individual pieces of legal wisdom and analysis from earlier jurists that form the content of the Digest.
Example 1: A legal historian researching the development of property law in ancient Rome might consult Justinian's Digest. To understand how specific types of ownership were defined, they would meticulously examine the fragmenta attributed to jurists like Ulpian or Paul, which provide direct insights into the original legal thinking and reasoning on property rights.
Example 2: A university student studying the influence of Roman law on modern European legal systems could analyze fragmenta within Justinian's Digest that deal with concepts like torts (civil wrongs) or family law. By examining these specific passages from Roman jurists, the student can trace how these ancient legal principles were articulated and subsequently adopted or adapted in later legal traditions across Europe.
Simple Definition
In Roman law, "fragmenta" refers to specific passages or excerpts drawn from the extensive writings of various Roman jurists. These selected legal texts were meticulously compiled and preserved within Justinian's Digest, forming a foundational part of that comprehensive legal collection.