By Angeliki E. Laiou, Dieter Simon
The essays during this quantity examine issues on the topic of where of legislations in Byzantine ideology and society. even supposing the Byzantines had a proper criminal process, deriving from Justinian's codification, this doesn't remedy the matter yet quite poses vital questions. was once this a society which was once intended to be ruled via legislation? For solutions, one needs to examine the reason of the legislators (to deal with particular difficulties, or to reserve society in keeping with an incredible pattern?); the attitudes towards the legislation; the connection among legislation, faith, literature, and artwork. What have been the spheres--political, monetary, private--that the legislation and the lawgivers sought to control? The options of legislation and justice are rather varied from one another, and the connection among them is investigated right here. Of significance additionally, during this medieval society, are the connections among legislations and faith. there's the matter of the provenance of the law--whether the Emperor or God himself is the resource of law--and the large implications of the reply. At one other point, ecclesiastical legislation used to be extremely important for lifestyle, and the query arises of the way a lot wisdom humans had of it and the way profound used to be their wisdom. either people's perceptions and their practices have been formed by means of their perspectives of human justice and divine justice: even if those coincided, and whether or not they have been administered during the comparable potential, for the intervention of saints or icons will be visible instead to human justice. As for human justice, there are questions that contain either society's view of it and the schooling, wisdom, and pursuits of these who administered it. Such concerns are found in all medieval societies; the case of Byzantium is of specific curiosity a result of interaction among formal legislations and the conceptualizations and practices—some relatively divergent from the ostensible function of legislation—which affected the legislators, the practitioners, and all of society.
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Extra info for Law and Society in Byzantium: Ninth-Twelfth Centuries (Dumbarton Oaks Other Titles in Byzantine Studies)
Not in all, but in a significant number of acts of legislation of the tenth and eleventh centuries, the close connection with court discussion and practice is obvious. In some cases, the argumentation, linking up with traditional law, shows that more or less professional lawyers were at work, and had the ambition of giving legislation at least a touch of academic dignity. In all these cases there is little social policy and little innovation to be found in the laws. The claims of the political system are nicely wrapped up in the introduction, while the rest is the business of those responsible for a good and reliable service in the courts and the administration.
Coil. , 676, disputing the lustinianic legislation on homicide and asylum. This dispute was continued by Manuel I, cf. R. Macrides, Fontes Minores VI (1984), 156 ff, 190 ff. 63 64 70 Marie Theres Fogen ried out by the legal and administrative system is rather typical for this time. That means we observe a lawgiving "from the bottom to the top" and not the other way around. Let me draw a few cautious conclusions: Fourth-century legislation stood under the primacy of politics with very little participation on the part of the professional legal system.
The emperor is the sole source of all past, present, and future law. One final remark about Justinian. Was the legitimacy of the Const. Deo auctore § 7. Tantaltl€oroKev §§ 19-20a. In the second Code of 534, the Digest was duly incorporated in Book 1, title 17, however, not the whole of it, but by means of the two introductory constitutions, Deo Auctore and Tanta. On the const. Tantaltl€oroKev, cf. T. D. diss. (Utrecht, 1989). 12 Const. Tanta § 21 in fine. 10 11 Cf. const. Imperatoriam § 1; const.