Byzantine law
Encyclopedia
Byzantine Law was essentially a continuation of Roman Law
with Christian
influence, however, this is not to doubt its later influence on the western practice of jurisprudence
. Byzantine Law was effectively devolved into two spheres, Ecclesiastical Law and Secular Law.
, Emperor Theodosius
published the Codex Theodosianus
, which consisted of 16 books, containing all standing laws from the age of Constantine I
till then.
, 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 was issued in Latin in three parts: the Institutes, the Digest (Pandects), and the Code (Codex). Currently in the World there are just three widespread legal systems: the common law
of the Anglo-American legal tradition, Sharia
, and Roman law (in, for instance, most of Europe, Scotland
, Quebec
and Louisiana
).
.
, (the first Isauria
n emperor), introduced, he provided also for the modification of current laws. In 726 he issued the "Ecloga", that bore 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, however, was, on the one hand, to modify those dispositions not in step with the times and, on the other, to provide judges with a concise legal handbook to help them dispense justice properly.
The dispositions of "Ecloga", influenced by the Christian spirit, as well as by the common law
, protected and supported the institution of marriage, increased the rights of wives and legal children, and introduced the equality of all citizens before the law. The penalties of amputation and blindness, not in step, of course, with the Christian character of the enactment, were introduced, most likely, due to the customs of the East, reflecting the Byzantine concept in this period of changes. By means of his "Ecloga" Leo addressed the judges also, 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
. These views, however, are no longer valid.
, 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 "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 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 collectivelly 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
, Russia
and Romania
.
of Leo VI the Wise
as a complement to book 53.
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.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
with Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
influence, however, this is not to doubt its later influence on the western practice of jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
. Byzantine Law was effectively devolved into two spheres, Ecclesiastical Law and Secular Law.
Codex Theodosianus
In 438438
Year 438 was a common year starting on Saturday of the Julian calendar. At the time, it was known as the Year of the Consulship of Theodosius and Glabrio...
, Emperor Theodosius
Theodosius II
Theodosius II , commonly surnamed Theodosius the Younger, or Theodosius the Calligrapher, was Byzantine Emperor from 408 to 450. He is mostly known for promulgating the Theodosian law code, and for the construction of the Theodosian Walls of Constantinople...
published the Codex Theodosianus
Codex Theodosianus
The Codex Theodosianus was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Theodosius II in 429 and the compilation was published in the eastern half of the Roman Empire in 438...
, which consisted of 16 books, containing all standing laws from the age of Constantine I
Constantine I
Constantine the Great , also known as Constantine I or Saint Constantine, was Roman Emperor from 306 to 337. Well known for being the first Roman emperor to convert to Christianity, Constantine and co-Emperor Licinius issued the Edict of Milan in 313, which proclaimed religious tolerance of all...
till then.
Corpus Iuris Civilis
Soon after his accession in 518, Justinian appointed a commission to collect and codify existing Roman law. A second commission, headed by the jurist TribonianTribonian
Tribonian or Tribonianos was a jurist during the reign of the Emperor Justinian I, who revised the legal code of the Roman Empire.Tribonian was born in Pamphylia around the year 500...
, 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 was issued in Latin in three parts: the Institutes, the Digest (Pandects), and the Code (Codex). Currently in the World there are just three widespread legal systems: the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of the Anglo-American legal tradition, Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
, and Roman law (in, for instance, most of Europe, Scotland
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
, Quebec
Quebec law
Quebec law is unique in Canada because Quebec is the only province in Canada to have a bijuridical legal system under which civil matters are regulated by French-heritage civil law. Public law, criminal law and other federal law operate according to Canadian common law.- Historical Development...
and Louisiana
Louisiana law
Law in the State of Louisiana is based in part on civil law. Louisiana is unique among the 50 U.S. states in having a legal system partially based on French and Spanish codes and ultimately Roman law, as opposed to English common law...
).
Middle Byzantine Period
Following Justinian's reign the Empire entered a period of decline partially enabling the Arab conquests which would further weaken the Empire. 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 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 GreekMedieval Greek
Medieval Greek, also known as Byzantine Greek, is the stage of the Greek language between the beginning of the Middle Ages around 600 and the Ottoman conquest of the city of Constantinople in 1453. The latter date marked the end of the Middle Ages in Southeast Europe...
.
Ecloga
The changes in the internal life of the empire which occurred in the years following the publication of Justinian's code called for a review of the legislation, so as for the requirements of the times should be met. Within the framework of the reforms Leo III the IsaurianLeo III the Isaurian
Leo III the Isaurian or the Syrian , was Byzantine emperor from 717 until his death in 741...
, (the first Isauria
Isauria
Isauria , in ancient geography, is a rugged isolated district in the interior of South Asia Minor, of very different extent at different periods, but generally covering what is now the district of Bozkır and its surroundings in the Konya province of Turkey, or the core of the Taurus Mountains. In...
n emperor), introduced, he provided also for the modification of current laws. In 726 he issued the "Ecloga", that bore 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, however, was, on the one hand, to modify those dispositions not in step with the times and, on the other, to provide judges with a concise legal handbook to help them dispense justice properly.
The dispositions of "Ecloga", influenced by the Christian spirit, as well as by the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, protected and supported the institution of marriage, increased the rights of wives and legal children, and introduced the equality of all citizens before the law. The penalties of amputation and blindness, not in step, of course, with the Christian character of the enactment, were introduced, most likely, due to the customs of the East, reflecting the Byzantine concept in this period of changes. By means of his "Ecloga" Leo addressed the judges also, 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
Leo III the Isaurian or the Syrian , was Byzantine emperor from 717 until his death in 741...
. These views, however, are no longer valid.
The Farmer's Laws
With the exception of a few cities, and especially ConstantinopleConstantinople
Constantinople was the capital of the Roman, Eastern Roman, Byzantine, Latin, and Ottoman Empires. Throughout most of the Middle Ages, Constantinople was Europe's largest and wealthiest city.-Names:...
, where other types of urban economic activities were also developed, Byzantine society remained at its heart agricultural
Agriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
. 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 "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 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 collectivelly 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
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
.
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). Written probably between 600 and 800, it is a collection of maritime law 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 BasilikaBasilika
The term Basilika or 'Basilica' refers to a code of laws issued by the Eastern Roman emperor Leo VI the Wise . Written entirely in Greek, the 'Basilica', in 60 books, adapt the 6th-century Justinian code to the conditions of the 9th- and 10th-century Empire, and include laws issued by Leo VI and...
of Leo VI the Wise
Leo VI the Wise
Leo VI, surnamed the Wise or the Philosopher , was Byzantine emperor from 886 to 912. The second ruler of the Macedonian dynasty , he was very well-read, leading to his surname...
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.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.