Law And Empire In Late Antiquity

This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.

This is the first comprehensive account of women's legal and social positions in the west from classical antiquity right through to the early middle ages. The main focus of the book is on the late antique period, with constant reference to classical Roman law and the lives of women in the early empire. The book goes on to follow women's history up to the seventh century, thus bridging the notorious gap of the 'dark ages'. Major themes include daughters' succession rights; the independenceof married women; sexual relations outside marriage; divorce; remarriage; and the general legal capacity of women. Antti Arjava argues that from the viewpoint of most women, late antiquity was not a period of radical change. In particular, the influence of Christianity has often been considerably exaggerated. It was only after the fall of the Western empire that a new legal system and a new social world emerged.

The sixteen papers in this volume investigate the links between law and society during Late Antiquity (260-640 CE). On the one hand, they consider how social changes such as the barbarian settlement and the rise of the Christian church resulted in the creation of new sources of legal authority, such as local and 'vulgar' law, barbarian law codes, and canon law. On the other, they investigate the interrelationship between legal innovations and social change, for the very process of creating new law and new authority either resulted from or caused changes in the society in which it occurred. The studies in this volume discuss interactions between legal theory and practice, the Greek east and the Roman west, secular and ecclesiastical, Roman and barbarian, male and female, and Christian and non-Christian (including pagans, Jews, and Zoroastrians).

Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.

The Roman Emperor ran the Empire through contentious committee meetings at which civil, military and religious policies were debated.

This book approaches the subject of late Roman law from the perspective of legal practice revealed in courtroom processes, as well as more 'informal' types of dispute settlement. From at least the early fourth century, leading bishops, ecclesiastics, and Christian polemicists participated in a vibrant culture of forensic argument, with far-reaching effects on theological debate, the development of ecclesiastical authority, and the elaboration of early 'Canon law'. One of the most innovative aspects of late Roman law was the creation and application of new legal categories used in the prosecution of 'heretics'. Leading Christian polemicists not only used techniques of argument learnt in the late Roman rhetorical schools to help position the Church within the structure of Empire, they also used those techniques in cases involving accusations against 'heretics'- thus defining and developing the concept of Christian orthodoxy itself.

These sixteen studies consider the interrelationship between social change and the development of new kinds of law and authority during Late Antiquity (260-640 AD). They provide new ways of looking at both the law and the society of this period, in the context of the kinds of impacts that each had on the other against the backdrop of the manifestations of new kinds of authority.

This sourcebook fully exploits the rich legal material of the imperial period, explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood.