法学阶梯

法学阶梯或法理概要（拉丁语：Institutiones Justiniani）是民法大全的一部。民法大全是一部罗马法的汇总，由六世纪的拜占庭皇帝查士丁尼一世下令编纂。查士丁尼的《法学阶梯》主要基于二世纪的罗马法学家盖约所著的《法学阶梯》。 民法大全的其他部分包括：《法典》（Codex）、《学说汇纂》（Digesta或Pandectae）、及《新律》（Novellae）。

版本与翻译

目前仍使用的版本，是特奥多尔·蒙森和Paul Krüger于1889年出版的 Corpus Iuris Civilis。

近来的一个德语注译本，是 Rolf Knütel、Berthold Kupisch、Sebastian Lohsse、Thomas Rüfner 四人编辑的 Corpus Iuris Civilis. Die Institutionen，已于 2013 年出版第四版。

The Institutes (Latin: Institutiones) is a component of the Corpus Juris Civilis, the 6th-century codification of Roman law ordered by the Byzantine emperor Justinian I. It is largely based upon the Institutes of Gaius, a Roman jurist of the second century A.D. The other parts of the Corpus Juris Civilis are the Digest, the Codex Justinianus, and the Novellae Constitutiones ("New Constitutions" or "Novels").

Drafting and publication

Justinian's Institutes was one part of his effort to codify Roman law and to reform legal education, of which the Digest also was a part. Whereas the Digest was to be used by advanced law students, Justinian's Institutes was to be a textbook for new students. The need for a new text for first year students was addressed as early as 530 in the constitution "Deo auctore," where reference is made to something "...which may be promulgated to replace the elementary works, so that the raw intelligence of the student, nourished by a simple diet, may proceed more easily to advanced legal studies." Under the supervision of Tribonian, two law professors (Theophilus and Dorotheus) were assigned to extract statements about the basic institutions ("Institutiones") of Roman law from the teaching books created by writers of "authority" (as defined in the Law of Citations). The bulk of this new Institutes is the Institutes of Gaius, much of it taken verbatim; but it also uses material from the Institutes of Marcian, Florentinus, Ulpian, and perhaps Paulus (the other writers of "authority"). There is some debate over which of the commission members is responsible for what part of the new Institutes. Most recently it has been suggested that Theophilus and Dorotheus created the extracts taken from the older works, while Tribonian revised and added new imperial laws.

This new version of the Institutes was published on November 21, 533 and promulgated with the Digest on December 30, 533. These new Institutes were not only a textbook for first year law students, but, according to the decree that promulgated them (C. Tanta), they carried the force of law. First year law students used Justinian's Institutes as their textbook for centuries.

Structure and content

The Institutes of Justinian is arranged much like Gaius's work, being divided into three subjects in four books covering "persons," "things", and "actions." The first book considers the legal status of persons (personae), the second and third deal with things (res), while the fourth discusses Roman civil procedure (actiones). Unlike the Digest, the extracts do not provide inscriptions indicating from whom the original material was taken.

Modern editions and translations

Justinian's Institutes was largely unknown in the West. The earliest known manuscript are fragments of a Veronese palimpsest of the ninth century. The first printed edition of Justinian's Institutes was Petrus Schoyff's in 1468. Scholars using the Veronese palimpsest suggested changes to the existing text, and these criticisms resulted in the definitive texts by Paul Krüger and Eduard Huschke in 1867 and 1868 respectively. The most frequently used modern version of Justinian's Institutes is that of Krüger, which is in volume one of the Krüger, Mommsen, Kroll and Schoell stereotype edition.

There are several translations of Justinian's Institutes into English, the better of the older ones being those of J. B. Moyle and Thomas Collett Sandars. More recent translations by Birks & McLeod are also available as facing editions with Krüger's Latin. Samuel Parsons Scott translated the Institutes into English as part of his translation of the entire "Corpus Juris Civilis," but his translation has not been well received.