scholarly journals The Exposed Child: Transplanting Roman Law into Late Antique Jewish and Christian Legal Discourse

2019 ◽  
Vol 59 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Yifat Monnickendam
2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Jaakko Husa

AbstractThis article examines the complicated legal-cultural process in which Roman law became Byzantine law and Roman legal discourse altered into Byzantine legal discourse. Roman law’s transformation into Early Byzantine law is analysed from the point of view of legal language which mutated from Latin to Greek. The approach is legal cultural and legal linguistic and focuses on the overall shape and general patterns. The goal is to highlight how legal-cultural transformation was incremental, language-bound and that there was no radical or sudden culmination point. Moreover, the analysis answers generally to the question of why sixth-century Byzantine legislative Greek contained frequent Latin loans, expressions, phrases and distortions. The discussion concentrates on the Novellae as an integral part of the process of legal cultural and linguistic change from Roman to Byzantine. Instead of going into detailed linguistic analysis, this article underlines generally the contextuality of law and the importance of legal culture


Author(s):  
Marzena Wojtczak

This article investigates the relationship between the legislation introduced in the field of proprietary rights assigned to various Church entities and the practice of accumulation of wealth by the monastic communities in late antique Egypt. On the one hand, among the literary sources the predominant theme concerning Egyptian monasticism is the idea of voluntary poverty and renunciation of worldly possessions aimed at the pursuance of a contemplative life. On the other hand, the papyri offer insight into monastic life that does not seem to have been entirely detached from the outside world. In this vein, the laws of Valentinian I and Theodosius II clearly indicate that monks and nuns continued to own property without disturbance after undertaking religious life. In addition, Theodosius the Great and later emperors restricted the freedom of certain groups of citizens to disown their property, rendering the Christian ideal of voluntary poverty not always feasible. It is only with Justinian that the rules regarding monastic poverty are shaped and set by the secular power. The incentive for this study is to check for any conflict between the principles of classical Roman law in the field of private ownership and imperial legislation included in the Codex Theodosianus. Giorgio Barone-Adesi observed the tension that took place between the Christian communities and their corporations that were allotted ever broader privileges and the Roman principle of preservation of the property within the family unit. There is, however, still some room left for discussion since not all the data easily adds up to an unequivocal conclusion. In this analysis, the Code is treated as a measure for taking a stand by the legislator in the dispute between the will of the owner, recognition of the rights of the heirs and family members, and finally the privileges granted to the religious consortia.


2019 ◽  
Vol 34 (2) ◽  
pp. 136-164
Author(s):  
Yifat Monnickendam

AbstractWhat happened to biblical law when transferred into late antique Christianity? How can answering this question provide a paradigm that helps us understand the rise and development of late antique Christian legal traditions? In the first centuries of the Common Era, the Christian legal tradition began to evolve in Roman, Greek, rabbinic, and biblical contexts. Focusing on the biblical institution of levirate marriage, this article offers a paradigm that elucidates how Christians might have adopted, adapted, and sometimes rejected their legal heritage; it may illuminate the overall development of Christian legal discourse. Following a short survey of the rabbinic adaptation of biblical levirate marriage and the Roman and Christian rulings regarding this practice, I analyze the Christian exegetical and theological discourse on levirate marriage, focusing on the acceptance or rejection of levirate marriage as a whole and adaptations to the biblical institution. This analysis demonstrates the disparity between the rabbinic discourse, the Christian and Roman rulings, and the theological and exegetical discourse. It shows how Christians remodeled their biblical heritage according to Greek and Roman legal concepts, namely the Roman adoption and the Greek epiklerate, and treated it as part of inheritance law and child-parent relationships, whereas the rabbis used different adaptations and treated it as part of matrimonial law and sexual relationships. This discussion therefore recontextualizes the legal discourse, positioning the Christian approach to levirate marriage as a complex case of legal transplant and adaptation of a legal heritage.


2018 ◽  
Vol 2 (1) ◽  
pp. 40-83 ◽  
Author(s):  
Yifat Monnickendam

To date, early Christian sources have drawn the scholarly attention of theologians, scholars of biblical commentary, and historians, but not of legal historians, presumably because such sources do not offer sufficiently substantial material for legal historical research. Nevertheless, a few studies have blended legal history and late antique Christianity, and an analysis of these studies shows they are based on a “centralist,” or “formalist–positivist,” conceptualization of law. In this paper I review the scholarship of legal traditions in the eastern Roman Empire— namely, Roman law and Greek legal traditions, the halakha in rabbinic literature, and the halakhic traditions in Qumranic literature and in the New Testament—and contextualize it within developments in legal theory and legal sociology and anthropology (that is, the rise of legal pluralism). This review shows that developments in legal theory, in legal sociology and anthropology, and in legal history of the late antique world are producing new paradigms and models in the study of late antique legal history. These new models, together with new methods in reading early Christian non-legal texts of the eastern Roman Empire, can be utilized in the study of early Christianity, thereby opening gateways to the study of its legal traditions and revealing independent legal traditions that have remained hidden to date.


2007 ◽  
Vol 100 (4) ◽  
pp. 425-441
Author(s):  
Robert Frakes

Two striking developments in late antiquity are the growing influence of Christianity and the codification of Roman law. The first attempt to harmonize these two developments lies in the late antique Latin work known by scholars as the Lex Dei (“Law of God”) or Collatio Legum Mosaicarum et Romanarum (“Collation of the Laws of Moses and of the Romans”). The anonymous collator of this short legal compendium organized his work following a fairly regular plan, dividing it into sixteen topics (traditionally called titles). Each title begins with a quotation from the Hebrew Bible (in Latin), followed by quotations of passages from Roman jurists and, occasionally, from Roman law. His apparent motive was to demonstrate the similarity between Roman law and the law of God. Scholars have differed over where the collator obtained his Latin translations of passages from the Hebrew Bible. Did he make his own translation from the Greek Septuagint or directly from the Hebrew Scriptures themselves? Did he use the famous Latin translation of Jerome or an older, pre-Jerome, Latin translation of the Bible, known by scholars as the Vetus Latina or Old Latin Bible? Re-examination of the evolution of texts of the Latin Bible and close comparison of biblical passages from the Lex Dei with other surviving Latin versions will confirm that the collator used one of the several versions of the Old Latin Bible that were in circulation in late antiquity. Such a conclusion supports the argument that the religious identity of the collator was Christian (a subject of scholarly controversy for almost a century). Moreover, analysis of the collator's use of the Bible can also shed light on his methodology in compiling his collection.


Author(s):  
Antonia Apostolakou

This study investigates linguistic and scriptal variation in notary signatures found in late antique contracts from Egypt, seeking to identify and interpret the potential relationship between choices in language and script. To answer this, theoretical concepts and methods from sociolinguistics, social semiotics, and multilingual studies are used, with the objective of adding a new, more linguistically-oriented perspective to existing research on notarial signatures. On the one hand, this research demonstrates how the Latin script seems to restrict notaries, resulting in transliterated Greek signatures with very homogeneous content. The familiarity of notaries with the Greek language and writing is, on the other hand, reflected in signatures written in the Greek alphabet, which are much more diverse and at times adjusted to the circumstances under which specific documents were composed. Even if notaries seem to lack confidence in freely producing text in the Latin script, they choose to do so due to its functional values, which are conveyed and perceived visually. Latin letters create an association between signatories and Roman law, adding to the trustworthiness and prestige of the signatures. Differentiating between script and language allows us to understand how the Latin script maintained the connotations that formerly accompanied the Latin language, gradually replacing it in the form of transliterated passages, at a time when the language was disappearing from papyrological documentation. In this sense, sociolinguistics, and especially social semiotics, prove useful when dealing with visual aspects of language in papyri, as they prevent their functions and meanings from being overlooked.


Author(s):  
Robert M. Frakes

AbstractA fragment from the anonymous text known as the Collatio Legum Mosaicarum et Romanarum (The Collation of the Laws of Moses and of the Romans) or the Lex Dei (the Law of God) has recently been identified in the State Archives in Zadar, Croatia. The Collatio is a late antique collection of Old Testament strictures and passages from Roman jurists and Roman law which continues to be the subject of scholarly debate. Close examination of this new fragment in the context of the manuscript tradition of the work can give insight into the nature of the lost codex from which it came as well as shed light on the transmission of the Collatio in the Middle Ages.


Author(s):  
Benedikt Forschner

The paper deals with the use of philosophical arguments in Cicero's legal writings, in particular his forensic speeches. It tries to demonstrate that Cicero developed a unique, holistic theory of law, which is not based on a juxtaposition of natural law and positive law, but tries to deduce the nature of law from the nature of men. Even though this theory probably did not influence the writings of the later classical jurists in a direct way, Roman law was open enough for philosophical arguments to allow Cicero to make use of this theory within the legal discourse. Using examples from Cicero's forensic speeches, the paper demonstrates how Cicero refers to his philosophical concept in order to develop specifically legal arguments.


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