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Byzantine law was essentially a continuation of
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor ...
with increased Orthodox Christian and
Hellenistic In Classical antiquity, the Hellenistic period covers the time in Mediterranean history after Classical Greece, between the death of Alexander the Great in 323 BC and the emergence of the Roman Empire, as signified by the Battle of Actium in 3 ...
influence. Most sources define ''Byzantine law'' as the Roman legal traditions starting after the reign of
Justinian I Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovat ...
in the 6th century and ending with the
Fall of Constantinople The Fall of Constantinople, also known as the Conquest of Constantinople, was the capture of the capital of the Byzantine Empire by the Ottoman Empire. The city fell on 29 May 1453 as part of the culmination of a 53-day siege which had begun o ...
in the 15th century. Although future Byzantine codes and constitutions derived largely from Justinian's ''
Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referre ...
'', their main objectives were idealistic and ceremonial rather than practical. Following
Hellenistic In Classical antiquity, the Hellenistic period covers the time in Mediterranean history after Classical Greece, between the death of Alexander the Great in 323 BC and the emergence of the Roman Empire, as signified by the Battle of Actium in 3 ...
and Near-Eastern political systems, legislations were tools to idealize and display the sacred role and responsibility of the emperor as the holy monarch chosen by God and the incarnation of law "'' nómos émpsychos"'', thus having philosophical and religious purposes that idealized the perfect Byzantine king. Though during and after the
European Renaissance The Renaissance ( , ) , from , with the same meanings. is a period in European history marking the transition from the Middle Ages to modernity and covering the 15th and 16th centuries, characterized by an effort to revive and surpass ideas ...
Western legal practices were heavily influenced by '' Justinian's Code'' (the ''Corpus Juris Civilis'') and Roman law during classical times, Byzantine law nevertheless had substantial influence on Western traditions during the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
and after. The most important work of Byzantine law was the Ecloga, issued by Leo III, the first major Roman-Byzantine legal code issued in Greek rather than Latin. Soon after the ''Farmer's Law'' was established regulating legal standards outside the cities. While the Ecloga was influential throughout the Mediterranean (and Europe) because of the importance of Constantinople as a trading center, the Farmer's Law was a seminal influence on Slavic legal traditions including those of Russia.


Influences and sources

Byzantium inherited most of its political institutions from the late Roman period. Similarly, Roman law constituted the basis for the Byzantine legal system. For many centuries, the two great codifications carried out by
Theodosius II Theodosius II ( grc-gre, Θεοδόσιος, Theodosios; 10 April 401 – 28 July 450) was Roman emperor for most of his life, proclaimed ''augustus'' as an infant in 402 and ruling as the eastern Empire's sole emperor after the death of his ...
and
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renov ...
respectively, were the cornerstones of Byzantine legislation. Of course, over the years these Roman codes were adjusted to the current circumstances and then replaced by new codifications, written in Greek. However, the influence of Roman law persisted, and it is obvious in codifications, such as ''
Basilika The ''Basilika'' was a collection of laws completed c. 892 AD in Constantinople by order of the Eastern Roman emperor Leo VI the Wise during the Macedonian dynasty. This was a continuation of the efforts of his father, Basil I, to simplify and ...
'', which was based on ''
Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referre ...
''. In the 11th century,
Michael Psellos Michael Psellos or Psellus ( grc-gre, Μιχαὴλ Ψελλός, Michaḗl Psellós, ) was a Byzantine Greek monk, savant, writer, philosopher, imperial courtier, historian and music theorist. He was born in 1017 or 1018, and is believed to ha ...
prides himself for being acquainted with the Roman legal legacy ("Ἰταλῶν σοφία"). Although the Constitutions had largely a Roman body, the main difference of Byzantine law from its Roman counterpart was both, in its applications and interpretations that were subject and executed under the different Hellenistic and Orthodox philosophies of the Byzantine Empire, developing a legal system that encouraged and resulted in different interpretations of the law according to ''philanthropy'' and ''evergetia'' rather than the application of justice itself, acting for the well-being and benefit of the population than for the correct structuring of society. The various symptoms of
philanthropy Philanthropy is a form of altruism that consists of "private initiatives, for the public good, focusing on quality of life". Philanthropy contrasts with business initiatives, which are private initiatives for private good, focusing on material ...
and of the different philosophies ​​in jurisprudence were already a custom in the different laws and constitutions of the Ancient Hellenistic and Near-eastern kingdoms which practiced jurisprudence like a branch of philosophy rather than a science of its own. Said customs and constitutions enforced a greater application at the arrival of Christianity as most goals and concepts were mutual, being included in Justinian's novels which dictated that the law should be interpreted on the basis of philanthropy and humanity as the emperors of the Macedonian dynasty had acted against the constant abuses and evasions of the ''
dynatoi The ''dynatoi'' ( el, δυνατοί, sing. Δυνατός, ''Dynatos'' "the powerful") was a legal term in the Byzantine Empire, denoting the senior levels of civil, military and ecclesiastic (including monastic) officialdom, who usually, but not ...
'' by imposing the
Allelengyon The ''allelengyon'' ( gr, ἀλληλέγγυον) was a tax established in 1002 by the Byzantine Emperor Basil II, requiring the wealthiest landowners to pay the tax debts owed by their poorer neighbours. It relied on a concept long extant in Helle ...
or through the different establishment of the philanthropic monastic foundations across the empire. By the time the ''Ecloga'' and the ''
Basilika The ''Basilika'' was a collection of laws completed c. 892 AD in Constantinople by order of the Eastern Roman emperor Leo VI the Wise during the Macedonian dynasty. This was a continuation of the efforts of his father, Basil I, to simplify and ...
'' were being codified, a further increase in Hellenistic and Christian values were also put into action, replacing all death penalties with severe economic sanctions and amputations while making further clarifications and references to the different Orthodox and Hellenistic concepts like that the judge should not only be the law but also interpret it freely on the basis of '' "philanthrōpía"'' and '' "evergetikós".'' As result, verdicts were dictated being directly influenced by the different values, concepts and philosophies of their environment and not by the legal provisions of the code books, resulting in the misapplication and misinterpretation of a theoretically and strictly non-malleable
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor ...
. In the absence of a capable and efficient legal system and the chronically eclectic Byzantine approach to jurisprudence, most judges and legal processes across the empire were carried through simplified and vernacular laws such as The ''Farmers' Law'', ''The Sea Laws'', ''The'' ''Military Laws'' or the lesser known ''Mosaic Law'', the different Orthodox and Hellenistic concepts or orally through the efficient and persuasive use of rhetoric, rather than the legal provisions themselves, without
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor ...
seeing any proper, systematized or continuing application whatsoever. In accordance with the Orthodox-Hellenistic concepts of Kingship, the main source of law in Byzantium remained the enactments of the emperor since he himself was the law ('' nómos émpsychos)''. The latter initiated some major codifications of the Roman law, but they also issued their own "new laws", the ''Novels'' ("Novellae", "Νεαραὶ"). In the late Roman era the legislative interest of the emperors intensified, and laws were now regulating the main aspects of public, private, economic and social life. For example,
Constantine I Constantine I ( , ; la, Flavius Valerius Constantinus, ; ; 27 February 22 May 337), also known as Constantine the Great, was Roman emperor from AD 306 to 337, the first one to convert to Christianity. Born in Naissus, Dacia Mediterrane ...
was the first to regulate divorce and Theodosius I intervened in faith issues, imposing a specific version of the
Creed A creed, also known as a confession of faith, a symbol, or a statement of faith, is a statement of the shared beliefs of a community (often a religious community) in a form which is structured by subjects which summarize its core tenets. The ea ...
. From
Diocletian Diocletian (; la, Gaius Aurelius Valerius Diocletianus, grc, Διοκλητιανός, Diokletianós; c. 242/245 – 311/312), nicknamed ''Iovius'', was Roman emperor from 284 until his abdication in 305. He was born Gaius Valerius Diocles ...
to
Theodosius I Theodosius I ( grc-gre, Θεοδόσιος ; 11 January 347 – 17 January 395), also called Theodosius the Great, was Roman emperor from 379 to 395. During his reign, he succeeded in a crucial war against the Goths, as well as in two ...
, namely during approximately 100 years, more than 2,000 laws were issued. Justinian alone promulgated approximately 600 laws. Gradually, the legislative enthusiasm receded, but still some of the laws of later emperors, such as Leo VI's ''Novels'', are of particular importance. The custom continued to play a limited role as a secondary source of law, but written legislation had a precedence.


Early Byzantine period

There is no definitively established date for when the ''Byzantine'' period of Roman history begins. During the 4th, 5th, and 6th centuries the Empire was split and united administratively more than once. But it was during this period that Constantinople was first established and the East gained its own identity administratively; thus, it is often considered the ''early'' Byzantine period. These developments, nevertheless, were key steps in the formation of Byzantine Law.


Codex Theodosianus

In 438, Emperor Theodosius published the
Codex Theodosianus The ''Codex Theodosianus'' (Eng. Theodosian Code) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 ...
, which consisted of 16 books, containing all standing laws from the age of
Constantine I Constantine I ( , ; la, Flavius Valerius Constantinus, ; ; 27 February 22 May 337), also known as Constantine the Great, was Roman emperor from AD 306 to 337, the first one to convert to Christianity. Born in Naissus, Dacia Mediterrane ...
until then.


Corpus Iuris Civilis

Soon after his accession in 527,
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renov ...
appointed a commission to collect and codify existing Roman law. A second commission, headed by the jurist
Tribonian Tribonian ( Greek: Τριβωνιανός rivonia'nos c. 485?–542) was a notable Byzantine jurist and advisor, who during the reign of the Emperor Justinian I, supervised the revision of the legal code of the Byzantine Empire. He has been descr ...
, was appointed in 530 to select matter of permanent value from the works of the jurists, to edit it and to arrange it into 50 books. In 533 this commission produced the '' Digesta''. Although Law as practiced in Rome had grown up as a type of case law, this was not the "Roman Law" known to the Medieval, or modern world. Now Roman law claims to be based on abstract principles of justice that were made into actual rules of law by legislative authority of the emperor or the Roman people. These ideas were transmitted to the Middle Ages in the great codification of Roman law carried throughout by the emperor Justinian. The
Corpus Iuris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
was issued in Latin in three parts: the
Institutes An institute is an organisational body created for a certain purpose. They are often research organisations (research institutes) created to do research on specific topics, or can also be a professional body. In some countries, institutes can ...
, the Digest (Pandects), and the Code (Codex). It was the last major legal document written in Latin. The world's most widespread legal system, civil law, is based on the Corpus (in, for instance, most of Europe, Asia, South America, and Africa, as well as in the mixed jurisdictions of
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
,
Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
,
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen ...
, the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
and
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
).


Middle Byzantine period

Following Justinian's reign the Empire entered a period of rapid decline partially enabling the Arab conquests which would further weaken the Empire. Knowledge of Latin, which had been in decline since the fall of the West, virtually disappeared, making many of the old legal codices almost inaccessible. These developments contributed to a dramatic weakening of legal standards in the Empire and a substantial drop in the standards of legal scholarship. Legal practice would become much more ''pragmatic'' and, as knowledge of
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
in the Empire waned, direct use of Justinian's ''"Corpus Juris Civilis"'' would be abandoned in favor of summaries, commentaries, and new compilations written in
Greek Greek may refer to: Greece Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group. *Greek language, a branch of the Indo-European language family. **Proto-Greek language, the assumed last common ancestor ...
.


Ecloga

The changes in the internal life of the empire that occurred in the years following the publication of Justinian's code called for a review of the legislation, so as to meet the requirements of the times. It was introduced within the framework of the reforms of
Leo III the Isaurian Leo III the Isaurian ( gr, Λέων ὁ Ἴσαυρος, Leōn ho Isauros; la, Leo Isaurus; 685 – 18 June 741), also known as the Syrian, was Byzantine Emperor from 717 until his death in 741 and founder of the Isaurian dynasty. He put an e ...
(the first Isaurian emperor), and he also provided the modification of current laws. In 726, he issued the "Ecloga", that had his name as well as the name of his son Constantine. "Ecloga", referring to both the civil and criminal law constituted, as was declared in the title, a "rectification (of the Justinian legislation) towards a more philanthropic version". The membership of the editing committee is not known, but its primary mission was, on the one hand, to modify those dispositions not to be aligned with the current times and, on the other, to prevent judges from taking money for their actions and to help them to solve cases properly. The dispositions of "Ecloga" were influenced by the Christian spirit, as well as by the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, that protected and supported the institution of marriage and introduced the equality of all citizens in law. On the other hand, the penalties of amputation and blindness were introduced, reflecting the Byzantine concept in this period of changes. By means of his "Ecloga" Leo also addressed the judges, inviting them ''"neither the poor to despise nor the ones unjust to let uncontrolled"''. Besides, in his effort to deter bribery in the execution of their duties he made their payment local and payable by the imperial treasury. "Ecloga" constituted the basic handbook of justice dispensation up to the days of the Macedonian emperors, that also assumed legislative activity, whereas later it influenced the ecclesiastic law of the Russian Orthodox Church. Formerly the researchers attributed the juridical collections ''"Farmer's Law", "Rhodian Sea Law"'' and ''"Military Laws"'' to
Leo III the Isaurian Leo III the Isaurian ( gr, Λέων ὁ Ἴσαυρος, Leōn ho Isauros; la, Leo Isaurus; 685 – 18 June 741), also known as the Syrian, was Byzantine Emperor from 717 until his death in 741 and founder of the Isaurian dynasty. He put an e ...
. The structure of the act is original and it isn't taken from any other source, considering that Leon didn't want to complete layer legal reform. It seems that his goal was just to modify Justinian's legal tradition in the most important segments of legal life, while still adapting it to the needs and actions of the Middle Ages. It needed to be distinguished from its original model. Among the most important deviations from Justinian's Roman law are departure of consensuality when trading goods. So that a contract could exist, it was necessary for the object to either be given to the buyer or that a price be paid to the seller. As long as both sides finish their parts, the contract is not valid even if there is downpayment being given as validation element. Patria potestas is decreasing its power influenced by Hellenistic and canon laws and the rights of women and children are increasing. But Ecloga brings even bigger and more controversial changes in criminal law, which can be seen in the frequent use of physical punishments, not typical for Justinian's law.


The Farmer's Laws

With the exception of a few cities, and especially
Constantinople la, Constantinopolis ota, قسطنطينيه , alternate_name = Byzantion (earlier Greek name), Nova Roma ("New Rome"), Miklagard/Miklagarth ( Old Norse), Tsargrad ( Slavic), Qustantiniya (Arabic), Basileuousa ("Queen of Cities"), Megalopolis ( ...
, where other types of urban economic activities were also developed, Byzantine society remained at its heart agricultural. An important source regarding law, which reflects in a particularly characteristic way the internal life of the Byzantine villages during the Middle Byzantine Era (7th – end of 12th century) is the ''Nomos Georgikos'', also known as the ''Lex Rustica'' or ''Farmer's Law''. Due to its importance, the ''Farmer's Law'' roused the interest of researchers from a very early stage. Ever since it has been one of the most discussed texts concerning the internal history of Byzantium. It has been suggested that, because of the major influences caused by the influx of Slavs into the Empire at the time the Farmer's Law was established, Slavic traditions were in fact an important influence of the Farmer's Law, both in terms of why it was developed and its content. It is a private collection, continuously enriched, and refers to specific cases relevant to rural property within the framework of the Byzantine rural "community". As evident by the dispositions of the "Law", peasants were organized in "communities" and collectively responsible for the payment of the total tax the "community" was liable for, being obliged to pay as well the amounts corresponding to indebted members of the community. As for the chronology of its writing, since the text itself bears no specific date, it is placed somewhere in between the second half of the 6th century and the middle of the 14th. Very early on, it was acknowledged as a legal handbook of great importance and greatly influenced much of the law of the Slavic countries and especially Serbia,
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedon ...
and Russia.


The Sea Laws

Dating problems, similar to the ones of the ''"Farmer's Law"'', presents a code of equal character, the "Rhodian Sea Law" (''Nomos Rhodion Nautikos''). In the '' Digesta seu Pandectae'' (533) codification ordered by
Justinian I Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovat ...
(527–565) of the
Eastern Roman Empire The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantino ...
, an opinion written by the Roman jurist Paulus in approximately 235 AD at the beginning of the
Crisis of the Third Century The Crisis of the Third Century, also known as the Military Anarchy or the Imperial Crisis (AD 235–284), was a period in which the Roman Empire nearly collapsed. The crisis ended due to the military victories of Aurelian and with the ascensi ...
(235–284) was included about the ''Lex Rhodia'' ("Rhodian law") that articulates the general average principle of
marine insurance Marine insurance covers the physical loss or damage of ships, cargo, terminals, and any transport by which the property is transferred, acquired, or held between the points of origin and the final destination. Cargo insurance is the sub-branch o ...
established on the island of
Rhodes Rhodes (; el, Ρόδος , translit=Ródos ) is the largest and the historical capital of the Dodecanese islands of Greece. Administratively, the island forms a separate municipality within the Rhodes regional unit, which is part of the So ...
in approximately 1000 to 800 BC, plausibly by the
Phoenicia Phoenicia () was an ancient thalassocratic civilization originating in the Levant region of the eastern Mediterranean, primarily located in modern Lebanon. The territory of the Phoenician city-states extended and shrank throughout their hist ...
ns during the proposed Dorian invasion and emergence of the purported
Sea Peoples The Sea Peoples are a hypothesized seafaring confederation that attacked ancient Egypt and other regions in the Eastern Mediterranean, East Mediterranean prior to and during the Late Bronze Age collapse (1200–900 Common Era, BCE).. Quote: ...
during the
Greek Dark Ages The term Greek Dark Ages refers to the period of Greek history from the end of the Mycenaean palatial civilization, around 1100 BC, to the beginning of the Archaic age, around 750 BC. Archaeological evidence shows a widespread collapse ...
(c. 1100–c. 750) that led to the proliferation of the
Doric Greek Doric or Dorian ( grc, Δωρισμός, Dōrismós), also known as West Greek, was a group of Ancient Greek dialects; its varieties are divided into the Doric proper and Northwest Doric subgroups. Doric was spoken in a vast area, that includ ...
dialect The term dialect (from Latin , , from the Ancient Greek word , 'discourse', from , 'through' and , 'I speak') can refer to either of two distinctly different types of linguistic phenomena: One usage refers to a variety of a language that is ...
. It is a collection of
maritime law Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between priva ...
regulations divided into three parts. The first part refers to the ratification of the "Naval Law" by the Roman emperors. The second specifies the participation of the crew in maritime profits and the regulations valid on the ship, while the third and largest refers to maritime law, as for example to the apportionment of responsibility in case of theft or damage to the cargo or the ship. The ''"Naval Law"'' was included in the ''Basilika'' of
Leo VI the Wise Leo VI, called the Wise ( gr, Λέων ὁ Σοφός, Léōn ho Sophós, 19 September 866 – 11 May 912), was Byzantine Emperor from 886 to 912. The second ruler of the Macedonian dynasty (although his parentage is unclear), he was very well r ...
as a complement to book 53.


Ecclesiastical law

In accordance with the model of the secular legal associations, the canons of the ecclesiastic councils concerned ecclesiastic issues and regulated the conduct of the clergy, as well as of the secular as concerned matters of belief. The "In Trullo" or "Fifth-Sixth Council", known for its canons, was convened in the years of Justinian II (691–692) and occupied itself exclusively with matters of discipline. The aim of the synod was to cover the gaps left in canon law by the previous Fifth (553) and Sixth
Ecumenical Councils An ecumenical council, also called general council, is a meeting of bishops and other church authorities to consider and rule on questions of Christian doctrine, administration, discipline, and other matters in which those entitled to vote ar ...
. This collection of canons was divided into four parts: a) The canons ratifying the doctrinal decisions of the first six ecumenical councils along with the teachings of the Fathers of the Church. b) The canons specifying the obligations of the ministrational clergy. c) The canons referring to the monks. d) The canons referring to the secular. The influence of these canons carried on in the future and they were extensively annotated by Balsamon, Zonaras and Aristenos, the three great ecclesiastic jurists of the 12th century.


Editions

* The ''
Didache The ''Didache'' (; ), also known as The Lord's Teaching Through the Twelve Apostles to the Nations (Διδαχὴ Κυρίου διὰ τῶν δώδεκα ἀποστόλων τοῖς ἔθνεσιν), is a brief anonymous early Christian tre ...
'', from the 2nd century * The '' Apostolic Church-Ordinance'', from the 3rd century * The ''
Apostolic Constitutions The ''Apostolic Constitutions'' or ''Constitutions of the Holy Apostles'' (Latin: ''Constitutiones Apostolorum'') is a Christian collection divided into eight books which is classified among the Church Orders, a genre of early Christian litera ...
'', from 375 to 380 AD * The ''
Canons of the Apostles The Apostolic Canons, also called Apostolic canons (Latin: ''Canones apostolorum'', "Canons of the Apostles"), Ecclesiastical Canons of the Same Holy Apostles, or Canons of the Holy Apostles, is a 4th-century Syrian Christian text. It is an Anc ...
'' There were also other Ancient Church Orders no longer extant in Greek. Later, more-scientific collections emerged, including: * The ''
Nomocanon A nomocanon ( gr, Νομοκανών, ; from the Greek 'law' and 'a rule') is a collection of ecclesiastical law, consisting of the elements from both the civil law and the canon law. Nomocanons form part of the canon law of the Eastern Catho ...
'' of John Scholasticus, from the 6th century * The ''Nomocanon'' in 14 titles of
Heraclius Heraclius ( grc-gre, Ἡράκλειος, Hērákleios; c. 575 – 11 February 641), was Eastern Roman emperor from 610 to 641. His rise to power began in 608, when he and his father, Heraclius the Elder, the exarch of Africa, led a revolt ...
, from the 7th century * The ''Nomocanon'' of
Photios Photios I ( el, Φώτιος, ''Phōtios''; c. 810/820 – 6 February 893), also spelled PhotiusFr. Justin Taylor, essay "Canon Law in the Age of the Fathers" (published in Jordan Hite, T.O.R., & Daniel J. Ward, O.S.B., "Readings, Cases, Materia ...
, from the 9th century * The ''Syntagma'' of Theodore Balsamon and his ''Scholia'' to the ''Nomocanon'' of Photios, from the 12th century * The ''Synopsis Canonum'' by Alexios Aristenos, from the 12th century All of these books were compiled later by the Athonite monk Saint Nicodemus the Hagiorite and became the basis of the modern Eastern Orthodox canon law, his ''Pedalion''.


Later Byzantine law

The following legal texts were prepared in the later Byzantine Empire: * The ''Prochiron'' of Basil the Macedonian, c. 870Lambert Mears, Analysis of M. Ortolan's Institutes of Justinian, pp. 64–66 or 872,Laiou and Simon (eds), Law and Society in Byzantium: Ninth-twelfth Centuries, p. 71 which invalidates parts of the ''Ecloga'' and restores Justinians Laws, as well as Hellenising arcane Latin expressions. * The ''Epanagoge'' (), also of
Basil the Macedonian Basil I, called the Macedonian ( el, Βασίλειος ὁ Μακεδών, ''Basíleios ō Makedṓn'', 811 – 29 August 886), was a Byzantine Emperor who reigned from 867 to 886. Born a lowly peasant in the theme of Macedonia, he rose in the ...
, together with his sons, a second edition of the Prochiron, c. 879–886 * The ''Eisagoge'' of Photios, which includes novel law, c. 880 * The '' Basilicae'' (repurgatio veterum legum) or ''Basilics'' of Leo the Philosopher, together with his brother Alexander and
Constantine VII Constantine VII Porphyrogenitus (; 17 May 905 – 9 November 959) was the fourth Emperor of the Macedonian dynasty of the Byzantine Empire, reigning from 6 June 913 to 9 November 959. He was the son of Emperor Leo VI and his fourth wife, Zoe K ...
, c. 900 or 906–11, which attempts to synthesise 6th century commentaries and glosses on Justinians laws by headings, and remove contradictions. By the 11th century, the Basilics had replaced Justinian's laws as the primary source of Roman law. * The ''Synopsis (Basilicorum) maior'', an abridgment of the ''Basilika'' from the late 9th century * The ''Epitome Legum'', later known as the Epitome ad Prochiron mutata, a synthesis of Justinian and the Epanagoge, c. 920–1 * The ''Epanagoge aucta'', a revision of the 9th century Epanagogue from c. 11th century. * The ''Prochiron aucta'', a revision of the 9th century Prochiron from c. 13th century. * The ''Hexabiblos'', a 14th-century compilation of the above books made by Constantine Harmenopoulos, a judge in Thessalonica * The ''Hexabiblos aucta'', a late 14th century revision of Harmenopoulos' work by Ioannes Holobolos Other jurists (including at least one Emperor) prepared private collections of cases and commentaries, but these did not form the body of law used by jurists at large. It is held that the ''113 Novels of Leo the Wise'' fall into this category. Lokin argues that while later legal texts tended to rearrange or explain the 6th century work of Justinian, rather than create new law, they did alter the locus of authority for law (''legis vigor'') from the Emperor to God. In Justinian's work, Mosaïc Law and God's authority ''support'' the Emperor, and are consultative, but do not temper his absolute authority. This process has already begun in the ''Ecloga'', which states law is God-given by way of Isaiah 8:20, and is made explicit first in the Prochiron. There was, however, 'legislative creep' over this period, where the redaction of old laws and case law created new laws in effect, although not explicitly cited as such.


The Law School of Constantinople

The best known center for legal teaching in the Byzantine Empire was the Law School of Constantinople. Founded in 425, it was closed in 717 as Constantinople was besieged by the Umayyads, reopening in 866 only. It then probably remained open until the
Sack of Constantinople The sack of Constantinople occurred in April 1204 and marked the culmination of the Fourth Crusade. Crusader armies captured, looted, and destroyed parts of Constantinople, then the capital of the Byzantine Empire. After the capture of the c ...
by the
Crusaders The Crusades were a series of religious wars initiated, supported, and sometimes directed by the Latin Church in the medieval period. The best known of these Crusades are those to the Holy Land in the period between 1095 and 1291 that were in ...
in 1204.


Legacy

During the early Middle Ages Roman/Byzantine Law played a major role throughout the Mediterranean region and much of Europe because of the economic and military importance of the Empire. The ''
Syro-Roman Law Book The Syro-Roman law book (or Syro-Roman code) is a compilation of secular legal texts from the eastern Roman Empire originally composed in Greek in the late 5th century, but surviving only in Syriac translation. As a work of Roman law, the origina ...
'', a Syriac translation of a Greek original from the 5th century, was highly influential in eastern Christian communities after the early Muslim conquests. It was based on Roman case law and imperial statutes from the east of the empire. After the Islamic conquests of the Eastern Mediterranean, the Islamic caliphates gradually codified their legal systems using Roman/Byzantine law as an important model. It has been suggested in fact that it was the ''Ecloga''’s publication that spurred the first major codification of Islamic imperial law. Slavic legal traditions, including countries ranging from
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedon ...
to Russia, were substantially influenced by the ''Farmer's Law''.Elena Salogubova & Alan Zenkov, “Roman Law's Influence on Russian Civil Law and Procedure”, ''Russian Law Journal'' 6, no. 2 (2018): 118–33. To a lesser extent the ''Ecloga'' and other Byzantine codices influenced these areas as well. During the 18th and 19th centuries, as Russia increased its contact with the West, Justinian's Code began to be studied thus bringing in this influence. In Western Europe, following the fall of the Roman Empire, the influence of Roman/Byzantine law became more indirect though always significant during much of the Middle Ages. During the European Renaissance, Western scholars embraced Justinian's Code as a basis for jurisprudence, shunning many of the later legal developments of the Byzantine Empire such as the ''Ecloga''. This was to a great extent affected by the East/West ( Roman Catholic vs.
Eastern Orthodox Eastern Orthodoxy, also known as Eastern Orthodox Christianity, is one of the three main branches of Chalcedonian Christianity, alongside Catholicism and Protestantism. Like the Pentarchy of the first millennium, the mainstream (or "canonica ...
) split in the Church. The perception in the West was that Roman law that was recorded in Latin was truly ''Roman'' whereas later laws written in Greek was distinct and foreign.


See also

*
International Roman Law Moot Court The International Roman Law Moot Court (IRLMC) is an international European annual moot court competition in Roman law. Participating universities are the University of Oxford, the University of Cambridge, the University of Naples Federico I ...


Notes


Sources

* *Chitwood, Zachary (2017). ''Byzantine Legal Culture and the Roman Legal Tradition, 867–1056''. Cambridge: Cambridge University Press. * * *Humphreys, M. T. G. (2015). ''Law, Power, and Imperial Ideology in the Iconoclast Era, c. 680–850''. Oxford: Oxford University Press. * * * * Stolte, Bernard (2018). “Byzantine Law: The Law of the New Rome”, in ''The Oxford Handbook of European Legal History'', eds. Heikki Pihlajamäki, Markus D. Dubber, & Mark Godfrey. Oxford: Oxford University Press. pp. 229–248. * * * Wagschal, David (2015). ''Law and Legality in the Greek East: The Byzantine Canonical Tradition, 381–883''. Oxford: Oxford University Press. ; Translations * ''The Codex of Justinian: A New Annotated Translation, with Parallel Latin and Greek Text''. Annotated and translated by Fred H. Blume. Edited by Bruce W. Frier. Cambridge: Cambridge University Press, 2016. * ''The Digest of Justinian'', revised edn. Edited by Alan Watson. 2 vols. Philadelphia: University of Pennsylvania Press, 1998. * ''The Novels of Justinian: A Complete Annotated English Translation''. Translated by David Miller. Edited by Peter Sarris. Cambridge: Cambridge University Press, 2018. * ''The Syro-Roman Lawbook: The Syriac text of the recently discovered manuscripts accompanied by a facsimile edition and furnished with an introduction and translation''. Edited and translated by Arthur Võõbus. 2 vols. Stockholm: ETSE, 1982–3. * ''Ecloga: das Gesetzbuch Leons III. und Konstantinos’ V''. Edited and translated by Ludwig Burgmann. Frankfurt: Löwenklau-Gesellschaft, 1983. * ''The Rhodian Sea-Law''. Edited and translated by Walter Ashburner. Oxford: Clarendon Press, 1909; reprint: Aalen: Scientia Verlag, 1976. * Eisagoge = ''La «Introducción al derecho (Eisagoge)» del patriarca Focio''. Edited and translated by Juan Signes Codoñer & Francisco Javier Andrés Santos. Madrid: Consejo Superior de Investigaciones Científicas, 2007. * Basilika = ''Basilicorum libri LX''. Edited by H.J. Scheltema and N. van der Wal. 17 vols. Groningen: J.B. Wolters, 1953–88. * Nomos Stratiotikos = ''Le leggi penali militari dell’impero bizantino nell’alto Medioevo''. Edited and translated by Pietro Verri. Rome: Scuola ufficiali carabinieri, 1978.


External links


''The Roman Law Library'' by Professor Yves Lassard and Alexandr Koptev
{{DEFAULTSORT:Byzantine Law Legal history