Legal Sources and Juridical Literature in Byzantium: A Survey and Commentary

The sixth century codification of Emperor Justinian marks the end of the history of Roman law in antiquity; at the same time, it heralds the beginning of a phase occasionally labelled the ‘second life’ of Roman law, i.e. its history from the early Middle Ages to modern times. In the Eastern Empire of Byzantium, the legislation of Justinian remained in force and applied until the fall of Constantinople to the Ottomans in 1453. However, the social conditions and intellectual climate of the Greek-speaking Byzantine world required the simplification and popularization of the intricate Roman legal heritage. This inspired the development of a new genre of juridical literature that included a large number of translations, summaries, paraphrases, and commentaries on Justinian’s legal works as well as several important legislative enactments designed to adapt the Roman law of Justinian to the prevailing conditions and address new social and economic challenges. The post- Justinianic legal development in the Byzantine East is tremendously significant to the modern jurist as it forms an important part of the intellectual background of contemporary legal culture, especially in countries formerly within the orbit of the Byzantine civilization. The purpose of the present paper is to review the principal legal sources of the Byzantine era in their historical context and provide information on their content and impact. It is hoped that the paper will be of interest to scholars and students of legal history, particularly those with an interest in the legacy of the Roman-Byzantine legal tradition.