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Zwei Fragmente frühbyzantinischer Rechtsliteratur aus Hermupolis Magna. Neuedition von P. Berol. Inv. Nr. 16976 und 16977. Teil 1. Einleitung zu beiden Papyri. Neuedition von P. 16977 aus einer griechischen Index-Vorlesung zu den diokletianischen Kodizes

100%
Thüngen L.
The Journal of Juristic Papyrology
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2016
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issue 46
47-146
EN
In 1945 Wilhelm Schubart published two papyri in the Festschrift for Leopold Wenger. In the the present paper (in two subsequen parts) I wish to offer their re-edition and a new commentary to both of them. Among other things, their new dating has been established to ad 450–500. Because they deal with completely different subjects, it is assumed here that they belonged to two different codices, contrary to Schubart’s opinion, who believed that they are part of one and the same manuscript. P. 16977, edited in the first part of the paper, originates from Eastern Roman leagal teaching practice. It is a fragment of a Greek index lecture about two Diocletianic codes. Greek indices were concise sum- maries of Latin legal texts, intended especially for law students who did not know Latin. The present fragment deals with nine constitutions about non numerata pecunia, ‘the lack of payment for a credit’. One constitution is taken from the Hermogenian Code, the remaining ones from the Gregorian Code. Four of them are completely or partly preserved in the Justinianic Code (CI. 4, 30, 4–7). Keywords: juristic papyrology, legal literature, teaching Roman law in Greek, index lesson, Codex Gregorianus, Codex Hermogenianus, exceptio non numeratae pecuniae, Hermopolis Magna.
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Zwei Fragmente frühbyzantinischer Rechtsliteratur aus Hermupolis Magna. Neuedition von P. Berol. Inv. Nr. 16976 und 16977. Teil2. Neuedition von P.16976, kurze Texte aus dem 5. Jh. über unterschiedliche Rechtsfragen

100%
Thüngen L.
The Journal of Juristic Papyrology
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2017
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issue 47
137 - 249
EN
P. 16976, one of the two papyri which Wilhelm Schubart published in 1945 in the F estschrift for Leopold Wenger, is to be dated to ad 457–500. It probably belonged to a small codex (which seems to have had no more than 48 pages) with many short legal texts on different subjects. It may have been an ‘Enchirdium on Actual Legal Questions Taken from Imperial Constitutions’ for jurists. Beside the main text, there may have been a separate booklet providing additional juridical comments in the form of paragraphai. While the two parts may have been authored by the same person, a long comment below the main text on the recto is in a different hand. It may thereofre have been copied by a later user from the booklet. This is certainly not a marginal scholion, as believed from the time of Schubart. The subjects included in the preserved piece are two cases from civil law (an actio ex stipulatu against a woman for paying back a credit and getting a title of possession for a provincial estate by the older longi temporis praescriptio), a civil process (prescription of a lawsuit) and a case from fiscal law (confiscation). The last text includes an instruction for the readers.
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PSI I 55 – eine griechische Paraphrase zu D. 2, 14, De Pactis

100%
Thüngen L.
The Journal of Juristic Papyrology
|
2018
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issue 48
207-319
EN
In 1912 Filippo E. Vassalli published PSI I 55 and partly recon- structed its contents. His editio princeps was subsequently thoroughly checked in 1971 by Wolfgang Wodke, who completed Vassalli’s text; he, moreover, attributed it to the antecessor Stephanus. Here, all earlier readings and conjectures will be examined and partly corrected. The text is seen critically in the light of the publications that have disproved Wodke’s attribution to Stephanus. Besides, some new readings and conjectures are added. The papyrus was a part of a book based on East Roman law teaching in the Greek language. It is a paraphrasis combining two series of lessons on the Digest, an index, and a paragraphai lecture. They are dated between spring of 534 and March of 536 and were taught by an unknown law teacher (in either Beirut or Constantinople). Afterwards, they were used by Stephanus for his paragraphai on the digest. The latter seems to have taught between March 536 and a short time after 542. The unknown law teacher was probably one of the eight addressees of Justinian’s constitution Omnem, who taught at two law schools. Four of those antecessores have already been excluded by other authors. The others have left either no or too few texts. Therefore, the attribution to one of these antecessores is impossible, perhaps except for Anatolius, who taught in Beirut.
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