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세 칙법(CTh I 1,5-6과 Nov. Th 1)을 통해서 본 테오도시우스 칙법전의 기원에 대한 연구

A Study on the Origin of the Theodosian Code, Analysis of the Codex Theodosianus I 1,5-6 and the Novellae Theodosii 1

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In this study I tried to examine the origin of the Codex Theodosianus, first official code of the Roman Empire. Theodosius II summoned in 429 the first committee for the compilation of this code and it was finally published in 438. Three constitutions, CTh I 1,5-6 and Novellae Theodosii 1, contain the historical process of compilation of the code and I presented my interpretation with their latin texts. Originally the first committee had a plan to publish two different Codices : one was destined to an intermediary code, while the other would have to be the perfect Codex without any errors, including legal theories of several jurisprudents. Nevertheless, it was principally because of the so-called the christological controversy of Epesus in 431 that the committee failed to accomplish its mission. Only in winter 435 after the exile of Nestorius, bishop of the capital of the Eastern Empire, Theodosius II ordered to organize his second committee, but only to aim at the intermediary Codex of which the title was named after himself. Finally the second committee accomplished its own task, publicizing the Codex Theodosianus in 15 february 438.

Abstract

In this study I tried to examine the origin of the Codex Theodosianus, first official code of the Roman Empire. Theodosius II summoned in 429 the first committee for the compilation of this code and it was finally published in 438. Three constitutions, CTh I 1,5-6 and Novellae Theodosii 1, contain the historical process of compilation of the code and I presented my interpretation with their latin texts. Originally the first committee had a plan to publish two different Codices : one was destined to an intermediary code, while the other would have to be the perfect Codex without any errors, including legal theories of several jurisprudents. Nevertheless, it was principally because of the so-called the christological controversy of Epesus in 431 that the committee failed to accomplish its mission. Only in winter 435 after the exile of Nestorius, bishop of the capital of the Eastern Empire, Theodosius II ordered to organize his second committee, but only to aim at the intermediary Codex of which the title was named after himself. Finally the second committee accomplished its own task, publicizing the Codex Theodosianus in 15 february 438.

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