Law and Empire in Late Antiquity
This book should be sub-titled ‘travelling hopefully’. Its route has been planned in the light of long-standing preoccupations of my own, with some help from friends. The Theodosian Code has long been used as evidence for late Roman history, without much attention being granted,at least by historia...
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Cambridge university
2013
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oai:scholar.dlu.edu.vn:DLU123456789-344942014-01-20T03:37:27Z Law and Empire in Late Antiquity Harries, Jill Antiquity Empire This book should be sub-titled ‘travelling hopefully’. Its route has been planned in the light of long-standing preoccupations of my own, with some help from friends. The Theodosian Code has long been used as evidence for late Roman history, without much attention being granted,at least by historians writing in English, to the status of that evidence. The conference on the Theodosian Code held at the University of St Andrews in 1990 and the resulting publication, edited by myself and Ian Wood, were a start in that direction. This book takes some points further, in particular in relation to how imperial law was made, and how and whether it worked as intended. This enquiry will entail a re-examination of what we are to make of the rhetoric of the laws: if a certain scepticism over government pronouncements is in order now, there can surely be a case made for subjecting imperial legal propaganda and its motives to similar scrutiny. But we should not focus only on the centre, where imperial law originated; its reception and use by the citizens of the wider Empire is of equal importance. Two perspectives must, therefore, be used, that of the legislator, and that of those who used the law for their own purposes. Introduction 1 1 The law of Late Antiquity 6 Confusion and ambiguities? The legal heritage 8 Hadrian and the jurists 14 Constitutions: the emperor and the law 19 Rescripts as law 26 Customand desuetude 31 2 Making the law 36 In consistory 38 Making the text: the imperial quaestor 42 Suggestio 47 Judges and courts 53 3 The construction of authority 56 ‘Magisteriumvitae’: the Theodosian Code 59 Acclamation and response 65 Acta publica: the authority of the written word 70 4 The eYcacy of law 77 Repetition: lawand time 82 Context: law and place 88 Enforcement 93 EYcacy and accountability 96 5 In court 99 Denuntiatio or editio 104 The hearing 107 Appellatio 110 Vice sacra iudicans: Symmachus as Prefect, 384 ce 1146 Crime and the problemof pain 118 Accusation 119 Quaestio 122 7 Punishment 135 The justiWcations of punishment 144 8 The corrupt judge 153 Iniuria iudicis 158 The liability of the judge 161 Gratia 163 The accountability of the iudex 167 9 Dispute settlement i: out of court 172 Arbitration 175 Petitions and disputes 184 Negotiation 187 10 Dispute settlement ii: episcopalis audientia 191 Conclusion 212 Bibliography 217 Index 227 2013-07-12T04:01:24Z 2013-07-12T04:01:24Z 1999 Book 0-511-03731-7 https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/34494 en application/pdf Cambridge university |
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Thư viện Trường Đại học Đà Lạt |
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Thư viện số |
| language |
English |
| topic |
Antiquity Empire |
| spellingShingle |
Antiquity Empire Harries, Jill Law and Empire in Late Antiquity |
| description |
This book should be sub-titled ‘travelling hopefully’. Its route has been planned in the light of long-standing preoccupations of my own, with some help from friends. The Theodosian Code has long been used as
evidence for late Roman history, without much attention being granted,at least by historians writing in English, to the status of that evidence. The conference on the Theodosian Code held at the University of St Andrews in 1990 and the resulting publication, edited by myself and Ian Wood,
were a start in that direction. This book takes some points further, in particular in relation to how imperial law was made, and how and whether it worked as intended. This enquiry will entail a re-examination of what we are to make of the rhetoric of the laws: if a certain scepticism over government pronouncements is in order now, there can surely be a case made for subjecting imperial legal propaganda and its motives to
similar scrutiny. But we should not focus only on the centre, where imperial law originated; its reception and use by the citizens of the wider Empire is of equal importance. Two perspectives must, therefore, be used, that of the legislator, and that of those who used the law for their
own purposes. |
| format |
Book |
| author |
Harries, Jill |
| author_facet |
Harries, Jill |
| author_sort |
Harries, Jill |
| title |
Law and Empire in Late Antiquity |
| title_short |
Law and Empire in Late Antiquity |
| title_full |
Law and Empire in Late Antiquity |
| title_fullStr |
Law and Empire in Late Antiquity |
| title_full_unstemmed |
Law and Empire in Late Antiquity |
| title_sort |
law and empire in late antiquity |
| publisher |
Cambridge university |
| publishDate |
2013 |
| url |
https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/34494 |
| _version_ |
1819832613500616704 |