Law and Empire in Late AntiquityThis 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. |
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Contents
Introduction | 1 |
The law of Late Antiquity | 6 |
Confusion and ambiguities? The legal heritage | 8 |
Hadrian and the jurists | 14 |
the emperor and the law | 19 |
Rescripts as law | 26 |
Custom and desuetude | 31 |
Making the law | 36 |
The hearing | 107 |
Appellatio | 110 |
Symmachus as Prefect 384 CE | 114 |
Crime and the problem of pain | 118 |
Accusation | 119 |
Quaestio | 122 |
Punishment | 135 |
The justifications of punishment | 144 |
In consistory | 38 |
the imperial quaestor | 42 |
Suggestio | 47 |
Judges and courts | 53 |
The construction of authority | 56 |
the Theodosian Code | 59 |
Acclamation and response | 65 |
the authority of the written word | 70 |
The efficacy of law | 77 |
law and time | 82 |
law and place | 88 |
Enforcement | 93 |
Efficacy and accountability | 96 |
In court | 99 |
Denuntiatio or editio | 104 |
The corrupt judge | 153 |
Ininrin indids | 158 |
The liability of the judge | 161 |
Gratia | 163 |
The accountability of the index | 167 |
Dispute settlement I out of court | 172 |
Arbitration | 175 |
Petitions and disputes | 184 |
Negotiation | 187 |
Dispute settlement II episcopalis audientia | 191 |
Conclusion | 212 |
Bibliography | 217 |
227 | |
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acclamations accused acta adjudicator advocates Ambrose Ammianus appeal arbiter Arcadius Augustine authority bishop Christian Church citizens clergy consistory Constantine Constantius II corrupt council court criminal decision decurions Diocletian dispute Donatists Early Empire Edict effect emperor enforce episcopal hearings favour fifth century formal fourth century Gaius governor gratia Gregory of Nazianus Hadrian Honoré imperial constitutions imperial law iniuria issued iudex iudices judge judgement judicial Julian jurisdiction jurists justice Justinian Late Antiquity late Roman lawyers leges legislation letter liable Libanius litigants Marc mediator negotiation officials Olybrius pagans Papinian parties Paulus penalty petitions Praetorian Prefect procedure provincial punishment quae quaestio quaestor quod record referred rescripts response rhetoric Roman law Rome rules Salvius secular Senate Severus slaves social status Symmachus Synesius Taësis Theodosian Code Theodosius Theodosius II tion torture trial Ulpian Valens Valentinian Valentinian III witnesses