At Going Coastal, Inc., our mission is protecting our shorelines and ensuring everyone can enjoy the beauty and bounty of our oceans and waterways. You might think that means we spend our days focused on the latest scientific research, innovative cleanup technologies, and cutting-edge policy. And you’d be right! But sometimes, to understand where we’re going, it helps to look back – way back.
Enter Justinian: Emperor, Lawmaker, and (Unknowingly) Environmental Pioneer
Picture this: It’s the 6th century AD. The Roman Empire has split, and Emperor Justinian I is ruling the Byzantine Empire from Constantinople. He’s got big plans: reclaim lost territories, build magnificent churches (like the Hagia Sophia!), and, oh yes, overhaul the entire legal system. Justinian, with the help of his brilliant wife Empress Theodora, wasn’t just interested in conquest and construction. He wanted to create a clear, consistent, and just set of laws. The result? The Corpus Juris Civilis, or the Body of Civil Law, better known as the Justinian Code.
Justinian I, also known as Justinian the Great, reigned as the Byzantine Emperor from 527 to 565 AD. He is celebrated for his ambitious efforts to revive the Roman Empire’s former glory, which included military conquests, architectural achievements, and comprehensive legal reforms. Justinian’s reign was marked by his determination to consolidate and streamline the empire’s legal system, which had become fragmented and inconsistent over centuries.
Theodora, Justinian’s wife, played a significant role in his reign and was a powerful and influential figure in her own right. Born into a lower-class family, Theodora rose to prominence through her intelligence, political acumen, and partnership with Justinian. She championed numerous social reforms, particularly those aimed at improving the status of women and protecting vulnerable populations. Theodora’s influence is evident in several of the Justinian Code’s provisions, which sought to protect women from exploitation and ensure their rights in marriage and property matters.
Why Should a Coastal Advocate Care About Ancient Roman Law?
You might be wondering what a bunch of ancient laws has to do with protecting our coasts today. The answer is: more than you think! The Justinian Code laid down some fundamental principles that continue to shape our understanding of environmental rights and responsibilities. Here are a few key takeaways:
“Res Communes”: What’s Yours is Mine (and Everyone Else’s): The Code recognized that certain things, like air, running water, and the sea, are common to all mankind. They can’t be owned privately and are meant for everyone to use and enjoy. Sound familiar? This concept is the bedrock of many of our modern environmental laws.
- Public Access is Paramount: Justinian’s laws declared that rivers, ports, and the sea were public property, accessible to everyone. Even the seashore, up to the highest winter tide, was considered public! A 1500-year-old legal guarantee of your right to stroll along the beach.
- Early Environmentalism: The Justinian Code showed a clear concern for public health and resource management. Laws prohibited obstructing air circulation with buildings (fresh air for all!) and regulated waste disposal to protect water sources.
Moreover, the Justinian Code included provisions related to the construction and maintenance of water-related infrastructure, such as aqueducts and water channels. These provisions aimed to ensure the efficient distribution of water across different regions, contributing to the overall well-being of the population. The code’s provisions on water infrastructure also reflected the state’s interest in promoting economic development and facilitating trade through the management of water resources.
“By natural law the following things belong to all men,namely: air, running water, the sea,
and for this reason the shores of the sea.”
The Public Trust Doctrine: Justinian's Legacy in Action
These ideas evolved into what we now call the Public Trust Doctrine. This doctrine, firmly rooted in Roman law, states that certain natural resources are held in trust by the government for the benefit of the public. This means the government has a responsibility to protect these resources for current and future generations. In the U.S., the Public Trust Doctrine has been used to protect everything from navigable waterways to wildlife. Modern applications of the doctrine extend beyond water resources to include air quality, wildlife conservation, and public access to natural areas. This evolution underscores the enduring relevance of the principles established in the Justinian Code and their adaptation to contemporary environmental challenges. It’s a powerful tool for coastal advocates like us, allowing us to advocate for responsible development, protect vital ecosystems, and ensure that everyone has access to our precious coastal resources.
During the Middle Ages, the complete manuscript (Codex lustinianus repetitae praelectionis) was kept in Amalfi, whence Pisans supposedly took it as loot. Starting from the XII century, it was conserved in Pisa as a treasure until 1406, when Florentines conquered Pisa and brought it to Florence. Today, the “Codex Pisanus” is stored inside the Biblioteca Laurenziana of Florence.
Justinian Code Today
Today, as societies grapple with complex water challenges, the legacy of the Justinian Code continues to inform legal frameworks that seek to ensure equitable access to water resources while addressing the evolving needs of a changing world.
So, the next time you’re enjoying a day at the beach, take a moment to thank Emperor Justinian and Empress Theodora. Their commitment to clear laws and the common good, laid the groundwork for the environmental protections we rely on today. At Going Coastal, Inc., we’re proud to continue their legacy by working to protect our coasts for generations to come. Join us in this mission!
Justinian’s Secrets: Anecdotes the History Books Didn’t Tell You
- The “Demon Emperor”: According to Procopius’ Secret History, Emperor Justinian was described as a literal demon in human form. He reportedly could go without food for days, subsisting only on water and wild plants, and often slept just one hour a night, spending the rest of his time devising schemes.
- The Nika Riots: During a massive uprising in Constantinople known as the Nika Riots, Empress Theodora famously convinced Justinian not to flee the city. She is quoted as saying, “Those who have worn the crown should never survive its loss. Never will I see the day when I am not saluted as empress”.
- The Plague of Justinian: During Justinian’s reign, a devastating plague struck Constantinople, killing up to 10,000 people per day. Justinian himself contracted the disease and fell into a coma but miraculously survived.
- Religious Disagreements: Despite being married, Justinian and Theodora had differing religious views. Justinian was the head of the Orthodox Church, while Theodora embraced Monophysitism, believing Jesus Christ was only divine and not human.
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