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The sixteen papers in this volume investigate the links between law and society during Late Antiquity (260-640 CE). On the one hand, they consider how social changes such as the barbarian settlement and the rise of the Christian church resulted in the creation of new sources of legal authority, such as local and 'vulgar' law, barbarian law codes, and canon law. On the other, they investigate the interrelationship between legal innovations and social change, for the very process of creating new law and new authority either resulted from or caused changes in the society in which it occurred. The studies in this volume discuss interactions between legal theory and practice, the Greek east and the Roman west, secular and ecclesiastical, Roman and barbarian, male and female, and Christian and non-Christian (including pagans, Jews, and Zoroastrians).
These sixteen studies consider the interrelationship between social change and the development of new kinds of law and authority during Late Antiquity (260-640 AD). They provide new ways of looking at both the law and the society of this period, in the context of the kinds of impacts that each had on the other against the backdrop of the manifestations of new kinds of authority.
This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
Pauline Allen and Bronwen Neil investigate crisis management as conducted by the increasingly important episcopal class in the 5th and 6th centuries. Their basic source is the neglected corpus of bishops’ letters in Greek and Latin, the letter being the most significant mode of communication and information-transfer in the period from 410 to 590 CE. The volume brings together into a wider setting a wealth of previous international research on episcopal strategies for dealing with crises of various kinds. Six broad categories of crisis are identified and analysed: population displacement, natural disasters, religious disputes and religious violence, social abuses and the breakdown of the structures of dependence. Individual case-studies of episcopal management are provided for each of these categories. This is the first comprehensive treatment of crisis management in the late-antique world, and the first survey of episcopal letter-writing across the later Roman empire.
The historian’s task involves unmasking the systems of power that underlie our sources. A historian must not only analyze the content and context of ancient sources, but also the structures of power, authority, and political contingency that account for their transmission, preservation, and survival. But as a tool for interpreting antiquity, "authority" has a history of its own. As authority gained pride of place in the historiographical order of knowledge, other types of contingency have faded into the background. This book’s introduction traces the genesis and growth of the category, describing the lacuna that scholars seek to fill by framing texts through its lens. The subsequent chapters comprise case studies from late ancient Christian and Jewish sources, asking what lies "beyond authority" as a primary tool of analysis. Each uncovers facets of textual and social history that have been obscured by overreliance on authority as historical explanation. While chapters focus on late ancient topics, the methodological intervention speaks to the discipline of history as a whole. Scholars of classical antiquity and the early medieval world will find immediately analogous cases and applications. Furthermore, the critique of the place of authority as used by historians will find wider resonance across the academic study of history.
This book explores the evolution of Roman law and society in Italy from 493, with the proclamation of the Ostrogoth Theoderic the Great as king, until about 554, when the eastern Emperor Justinian was able to re-establish imperial authority in the region. Drawing upon evidence from a variety of legal and historical sources, it investigates how Theoderic and his successors attempted to govern the peninsula in the wake of foreign invasions, the collapse of civic administration, the break-up of the Mediterranean economy, and the emergence of new forms of religious and secular authority. It challenges long-held assumptions as to just how peaceful, prosperous and Roman-like Theoderic's Italy really was. Its primary focus is the Edictum Theoderici, a significant but largely overlooked document that offers valuable historical insights into the complex and sometimes contested social, political and religious changes that marked Italy's passage from Antiquity into the Middle Ages.
Barbarian Gaul -- Evidence and control -- Social structure I : hierarchy, mobility and aristocracies -- Social structure II : free and servile ranks -- The passive poor : prisoners -- The active poor : pauperes at church -- Healing and authority I : physicians -- Healing and authority II : enchanters
This collection of papers, arising from the conference series Late Antique Archaeology, examines the social and political structures of the late antique period and the ways in which they are manifested in the archaeological and textual record.
Approaching the subject of late Roman law from the perspective of legal practice revealed in courtroom processes, Caroline Humfress argues for a vibrant culture of forensic argumentation in late Antiquity - which included Christian controversies concerning 'heresy' and 'orthodoxy', revealing its far-reaching effects on theological debate.
The role of the bishops in Late Antiquity is examined and analysed by an important and international cast of contributors.