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6 - Towards Late-Antique Legalities

from Part III - New Rules

Published online by Cambridge University Press:  17 July 2025

Zachary Herz
Affiliation:
University of Colorado, Boulder
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Summary

This chapter shows how late-antique emperors and bureaucrats looked to the jurists to understand how Classical Roman law worked, and thus built an entirely new legal system in order to put their ideas into practice. I first discuss how post-Severan emperors represented themselves in rescripts as explaining a settled and sovereign law, rather than making new law themselves. I then consider innovations in the indexing of imperial rescripts, which combined rescripts of multiple emperors into new collections organized by subject matter; these collections treated rescripts as legal documents, rather than nonsystematic interventions from an absolute ruler. I then consider how the massive expansions in imperial staffing and bureaucracy that mark the late-antique period, as well as an increase in the frequency and systematicity of legal education, could lead to regularized adjudicative outcomes that better tracked the dictates of juristic law. I finally contrast the treatment of juristic texts and resccripts in the Codex Theodosianus, showing how that text implicitly elevates jurists over emperors and how that elevation flows from broader changes in legal culture of the period.

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The God and the Bureaucrat
Roman Law, Imperial Sovereignty, and Other Stories
, pp. 219 - 257
Publisher: Cambridge University Press
Print publication year: 2025

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