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Law is a particularly fruitful means by which to investigate the relationship between religion and state. It is the mechanism by which the Roman state and its European successors have regulated religion, in the twin actions of constraining religious institutions to particular social spaces and of releasing control over such spaces to those orders. This volume analyses the relationship from the late Republic to the final codification of Roman law in Justinian's Constantinople.
Drawing on epigraphic, legal, literary, and numismatic sources, this book reveals how, in the Roman Republic, law and religion interacted to serve the same purpose, the continued growth and consolidation of Rome’s power.
The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has had different salience, and been understood differently, from place to place and time to time. The volume brings together essays from an international array of experts in law and religion, in order to examine the public/private distinction in comparative perspective. The essays focus on the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam. Particular attention is given to the private exercise of religion, the relation between public norms and private life, and the division between public and private space and the place of religion therein.
This book offers an engrossing portrayal of the early years of the Christian movement from the perspective of the Romans.
of the Pope." --Book Jacket.
It is perhaps a truism to note that ancient religion and rhetoric were closely intertwined in Greek and Roman antiquity. Religion is embedded in socio-political, legal and cultural institutions and structures, while also being influenced, or even determined, by them. Rhetoric is used to address the divine, to invoke the gods, to talk about the sacred, to express piety and to articulate, refer to, recite or explain the meaning of hymns, oaths, prayers, oracles and other religious matters and processes. The 13 contributions to this volume explore themes and topics that most succinctly describe the firm interrelation between religion and rhetoric mostly in, but not exclusively focused on, Greek and Roman antiquity, offering new, interdisciplinary insights into a great variety of aspects, from identity construction and performance to legal/political practices and a broad analytical approach to transcultural ritualistic customs. The volume also offers perceptive insights into oriental (i.e. Egyptian magic) texts and Christian literature.
Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.
What did the Romans know about their gods? Why did they perform the rituals of their religion, & what motivated them to change those rituals? Clifford Ando explores the answers to these questions, pursuing a variety of themes essential to the study of religion in history.
This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions. It is often taken for granted that, even in law, change corresponds and correlates to progress – that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over the centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stability and certainty lie at the core of the rule of law. Similarly, religions and religious laws could not survive without traditions; and yet, they still evolve, and their evolution is often intermingled with secular law. The book asks (and in some ways answers) the questions: What is the role of tradition within religions and religious laws? What is the impact of religious traditions on secular laws, and vice-versa? How are the elements of tradition to be identified? Are they the same within the secular and the religious realm? Do secular law and religious law follow comparable patterns of change? Do their levels of resilience differ significantly? How does the history of religion and law affect changes within religious traditions and legal systems? The overall focus of the book addresses the extent to which tradition plays a role in shaping and re-shaping secular and religious laws, as well as their mutual boundaries.