Legal Definitions - Novels

The Novels (from the Latin Novellae Constitutiones, meaning "new constitutions" or "new laws") refers to a specific collection of legal enactments issued primarily by the Roman Emperor Justinian I, along with a few by his immediate successors, during the 6th century CE. These laws were promulgated after the completion of the earlier, more systematic parts of his grand legal compilation. The Novels served to update, amend, and expand upon existing Roman law, addressing new societal challenges and administrative needs of the Byzantine Empire. They constitute the final and most recent component of the Corpus Juris Civilis, Justinian's monumental codification of Roman law.

• Example 1: Legal History Research

  A legal historian researching the evolution of ecclesiastical law in the Eastern Roman Empire would frequently consult the Novels. For instance, they might analyze specific constitutions within the collection that detail the organization of the church, the duties of bishops, or the legal status of monasteries. This would allow them to understand how Justinian's later decrees shaped the relationship between secular and religious authority during his reign.

  This example illustrates the term because the historian is using the collection of "new laws" (the Novels) to study specific legal developments that occurred after the initial codification of Roman law, directly reflecting the purpose of these later enactments.

• Example 2: Comparative Law and Modern Influence

  A scholar of comparative law examining the historical origins of certain aspects of modern European civil law, such as specific provisions regarding inheritance or contractual agreements, might trace their lineage back through the Corpus Juris Civilis. In doing so, they would pay particular attention to the Novels to see how Justinian's final legislative updates influenced the concepts that later permeated continental legal systems, especially where older Roman law had been silent or unclear.

  This example demonstrates the term by showing how the "new laws" contained within the Novels provided crucial updates and clarifications to Roman law that continued to influence legal thought and practice centuries later, highlighting their enduring significance.

• Example 3: Administrative and Social Reforms

  Imagine a political scientist studying the administrative reforms and social policies implemented by Emperor Justinian I to strengthen imperial control and improve public order. They would delve into the Novels to find decrees related to the governance of provinces, the regulation of public services, or even specific measures aimed at combating corruption. These "new laws" often provided direct insight into Justinian's efforts to centralize power and address contemporary social issues.

  This example highlights the term by showing how the Novels served as a vehicle for Justinian to enact new administrative and social policies, reflecting the dynamic nature of lawmaking in response to the empire's evolving needs.