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(Aemilius Papinianus) (pəpĭn`ēən), d. 212, Roman jurist. He was a close friend of the Roman emperor Septimius SeverusSeverus
or Septimius Severus
(Lucius Septimius Severus) , 146–211, Roman emperor (193–211), b. Africa. He was campaigning in Pannonia and Illyria when the emperor Commodus was murdered.
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, under whom he was libellorum magister [master of the rolls] and later Praetorian prefect; but Severus' son CaracallaCaracalla
, 188–217, Roman emperor (211–17); son of Septimius Severus. His real name was Marcus Aurelius Antoninus, and he received his nickname from the caracalla, a Gallic tunic he regularly wore.
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 had Papinian put to death for reasons that are obscure. Papinian was a jurist of enormous erudition, perhaps the greatest figure in Roman lawRoman law,
the legal system of Rome from the supposed founding of the city in 753 B.C. to the fall of the Byzantine Empire in A.D. 1453; it was later adopted as the basis of modern civil law.
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, and a stern moralist. A constitution of Theodosius II and Valentinian (426) reflects the Roman attitude toward him: five jurists (and the authors whom they quoted) were set up as the sole authorities to be cited—Paulus, Gaius, Ulpian, Modestinus, and Papinian. If they were not unanimous the majority was to prevail, but, in case of equal division, the opinion of Papinian was to decide. His chief works were Quaestiones (37 books), Responsa (19 books), Definitiones (2 books), and De adulteriis (2 books). They are known through quotations in the Theodosian Code and in the Digest of the Corpus Juris CivilisCorpus Juris Civilis
, most comprehensive code of Roman law and the basic document of all modern civil law. Compiled by order of Byzantine Emperor Justinian I, the first three parts appeared between 529 and 535 and were the work of a commission of 17 jurists presided over by the
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See H. F. Jolowicz, Roman Foundations of Modern Law (1957); B. W. Frier, The Rise of the Roman Jurists (1985).

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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.



(Aemilius Papinianus). Born circa A.D. 150; died circa 212. Roman jurist.

Papinian held high state positions, including the post of praetorian prefect. His works, especially Quaestiones and Responsa, represent a high point in the development of Roman law. Papinian is noteworthy for his understanding of practical needs and his ability to relate particular cases to general legal principles. His works are written in a brilliant legal style, his statements are concise and exact, and his conclusions are logical and well founded. The Law of Citations (A.D. 426) included 595 fragments from the works of Papinian, giving the force of law to the writings of Papinian and those of four other great jurists.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
view of Paul and Papinian in Roman law, of G.Dernburg and B.Vindsheyd in
The other juristic commentary is written by the jurist Papinian (c.
For imperial decrees originally collected in the Gregorian and Hermogenian Codes, as well as the opinions of Papinian and Ulpian, we must rely primarily on later, often highly interpolated, versions collected in Justinian's Codex and Digest of 533/4.
Accordingly, Rollo makes much of how Caracalla with raving impetuousness ordered the jurist Papinian executed for refusing to fabricate an oration acquitting him: Rollo voices Caracalla's lunatic scolding of his men that an ax was used instead of a sword (3.1.257-60); (60) and he redoubles the crime, executing both Gisbert and Baldwin for their scruple against public lying (3.1.202-60).
(24) The most obvious example of the Roman law's disregard for undue influence on a testator comes from Papinian:
Is it not that all goes against the system of Papinian gramamr itself, when we understand it as the best model of derivation?
(13) However, in The Digest, Justinian listed the opinions of numerous publicists on classical Roman law, including Ulpian, Modestinus, Papinian, and Paul, to illustrate that resort to torture in criminal cases was not unlimited.
In an argument in which Mornay imagines the response of the people to "a prince [who] commands that any innocent be killed, or that he be despoiled," he conjures into memory the example of "some Papinian [who] ...
In finding it, with Rousseau, "absurd that the will should put itself in chains for the future," and in allowing the state to change its mind to what Papinian would have called Enricho's "disadvantage," the Supreme Court of Illinois disregarded this widely recognized general principle of contract law.
Martens starts his account of the political attitudes found in imaginative literature by showing how in Gryphius's Papinian a sense of Christian submission still dominated an honest minister's attitude to his misfortune, but how in the eighteenth century rationalist attitudes prevailed.
1538) 4th/5th Imperial PRyl III 476 constitutiones (CLA ii.225; photo) 4th/5th Legal PSI XIII 1348: definitions supplements to text, not marginalia (plate; photo) 4th/5th EGT Papinian De P.Berol.
See also Papinian, Replies, Book 2, in The Digest of Justinian, Book VI, 48 ("[w]here a possessor in good faith has incurred expense on land which is shown to belong to someone else, .