Law in the Roman Provinces

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The study of the Roman Empire has changed dramatically in the last century, with significant emphasis now placed on understanding the experiences of subject populations, rather than a sole focus on the Roman imperial elites. Local experiences, and interactions between periphery and centre, are an intrinsic component in our understanding of the empire's function over and against the earlier, top-down model. But where does law fit into this new, decentralized picture of empire?

This volume brings together internationally renowned scholars from both legal and historical backgrounds to study the operation of law in each region of the Roman Empire, from Britain to Egypt, from the first century BCE to the end of the third century CE. Regional specificities are explored in detail alongside the emergence of common themes and activities in a series of case studies that together reveal a new and wide-ranging picture of law in the Roman Empire, balancing the practicalities of regional variation with the ideological constructs of law and empire.

Author(s): Kimberley Czajkowski, Benedikt Eckhardt, Meret Strothmann
Series: Oxford Studies in Roman Society & Law
Publisher: Oxford University Press
Year: 2020

Language: English
Pages: 544
City: New York

Cover
Law in the Roman Provinces
Copyright
Acknowledgements
Contents
List of Tables
List of Contributors
1 Introduction
1. AN EMPIRE OF LOCAL IDENTITIES?
2. POINTS OF DEPARTURE
3. ROMAN AMBITIONS
4. MECHANISMS OF LEGAL INTEGRATION
5. INDIGENOUS REACTIONS
6. MOVING FORWARD: THE IDEA OF ROMAN LAW
REFERENCES
Part I Egypt and the Near East
2 Aequum et iustum: On Dealing with the Law in the Province of Egypt
REFERENCES
3 Order and Chaos in Roman Administrative Terminology
REFERENCES
4 The Constitutio Antoniniana and Private Legal Practice in the Eastern Empire
1. THE PROBLEM: PEREGRINE LAW WITHOUT PEREGRINES
2. THE ROMANIZATION OF LEGAL LIFE IN THE EAST BEFORE AND AFTER THE CA
3. SCHÖNBAUER AGAINST ARANGIO-RUIZ
4. THE ΜΕΝΟΝΤΟΣ-CLAUSE IN P. GISS. 40
5. ADJUSTMENTS IN LEGAL PRACTICE AFTER 212 CE
6. MOS REGIONIS
7. THE LEGAL PRACTICE OF ROMAN CITIZENS BEFORE THE CA
8. THE BEHAVIOUR OF THE AURELII: THE STIPULATORY CLAUSE
9. CENTRE AND PERIPHERY
REFERENCES
5 The Decision of Septimius Severus and Caracalla on longi temporis praescriptio (BGU 267 and P.Strass. 22)
REFERENCES
6 Law and Romanization in Judaea
1. INTRODUCTION
2. PROLOGUE: ROME AND HER KINGS
3. THE ADMINISTRATION OF JUDAEA
4. JEWISH COURTS, AUTONOMY, AND LAW
5. CONCLUSION: JUDAEA, A SPECIAL CASE?
REFERENCES
7 Legal Interactions in the Archive of Babatha: P. Yadin 21 and 22
I
II
III
REFERENCES
8 Law and Administration at the Edges of Empire: The Case of Dura-Europos
1. INTRODUCTION
2. THE NATURE OF THE EVIDENCE
3. TRACES OF ROMANIZATION? DATING, AURELII, AND STIPULATIO
4. JUDGMENTS AND JURISDICTION
5. INHERITING THE PAST
6. CONCLUSION
REFERENCES
Part II Asia Minor and Greece
9 Latin Law in Greek Cities: Knowledge of Law and Latin in Imperial Asia Minor
1. INADEQUATE LEGAL KNOWLEDGE ON THE PART OFOFFICE HOLDERS AND THE SACRAE LITTERAE
2. THE TRANSLATION OF LATIN LEGAL TEXTS INTO GREEK, AND LATIN LOAN WORDS
3. ROMAN LAW SPECIALISTS IN THE GREEK CITIES OF ASIA MINOR: ΕΚΔΙΚΟΙ AND ΝΟΜΙΚΟΙ
4. A TRANSLATOR FROM COLOSSAE
5. CONCLUSION: LAW AND COMMUNICATION
REFERENCES
10 Local Understandings of Roman Criminal Law and Procedure in Asia Minor
1. BEYOND THE LAW: OVER-ZEALOUS LOCAL OFFICIALS AND THE RESPONSE OF THE ROMAN STATE
2. ENACTING CRIMINAL LAWS AT THE LOCAL LEVEL: LOCAL COMMUNITIES’ RESPONSE TO ROMAN RULE
3. ACTING OUTSIDE THE LAW ON BEHALF OF ROME: THE CONTRIBUTION OF LOCAL COMMUNITIES TO IMPERIAL PEACE
4. IN THE NAME OF THE LAW: LOCAL COMPLAINTS ABOUT ROMAN OFFICIALS’ ABUSES
5. CONCLUSION: EXPERIENCING ROMAN LAW, ASSERTING LOCAL AUTONOMY
REFERENCES
11 Navigating Roman Law and Local Privileges in Pontus-Bithynia
1. TRAJAN’S APPOINTEE
2. THE IMPORTANCE OF BEING EARNEST
3. THE LEX POMPEIA AND ‘THE LAWS OF EACH CITY’
4. CONCLUSION: PONTUS-BITHYNIA AND THE TREND TOWARDS LEGAL CENTRALIZATION
REFERENCES
12 Law and Citizenship in Roman Achaia: Continuity and Change
1. INTRODUCTION: BETWEEN GRAECIA VETUS AND PROVINCIA ACHAIA
2. JURISDICTIONAL DEVELOPMENTS
3. COMPLEXITY OF LEGAL STATUSES
4. LEGAL CONTACT: LEGISLATION AND APPLICATION OF LAW
5. CONCLUSION
REFERENCES
13 The Integration and Perception of the Rule of Law in Roman CreteFrom the Roman Conquest to the Endof the Principate (67 BCE –235 CE)
1. CRETE’S ENTRY INTO THE EMPIRE AND THE ASSEMBLING OF ROME’S BASIC ADMINISTRATIVE FRAMEWORK
2. THE EVOLVING INTERACTION BETWEEN THE ROMAN LEGAL SUPERSTRUCTURE AND THE CRETAN INSTITUTIONAL REALITY
REFERENCES
14 Lesbos in the Roman Empire: Treaties, Legal Institutions, and Local Sentiment towards Roman Rule
REFERENCES
15 An Outline of Legal Norms and Practices in Roman Macedonia (167 BCE–212 CE)
1. LAW IN THE KINGDOM OF MACEDONIA
1.1. Submission to Romans
2. REPUBLICAN MACEDONIA (168/148–27 BCE)
3. IMPERIAL MACEDONIA (27 BCE–212 CE)
3.1. Manumissions
3.2. Funerary Monuments
3.3. Public Domain
4. CONCLUDING REMARKS
APPENDIX
REFERENCES
Part III Africa and the West
16 The leges municipales as a Means of Legal and Social Romanization of the Provinces of the Roman Empire
REFERENCES
17 Roman City-Laws of Spain and their Modelling of the Religious Landscape
1. PRELIMINARY OBSERVATIONS
2. THE CITY-LAWS
2.1. Religion, Magistrates, and Priests in the City-Laws: the Lex Ursonensis
2.2. Religion, Cults, and Pontiffs in the City-Laws of the Principate: the Lex Irnitana
3. HOW TO MODEL THE RELIGIOUS LANDSCAPE
3.1. Spain as an Amalgamation of Roman and Indigenous Gods
3.2. Deus et dea
REFERENCES
18 Public Law in Roman North Africa
1. INTRODUCTION
2. AFRICA PROCONSULARIS UNDER ROMAN RULE
3. PUBLIC LAW IN AFRICA PROCONSULARIS: THE FIRST THIRTY-FIVE YEARS. THE LEX AGRARIA OF 111 BCE
4. RELIGION IN ROMAN CARTHAGE: ROMAN WORSHIP, LOCAL GODS
5. CONCLUSION
REFERENCES
19 Nutricula causidicorum: Legal Practitioners in Roman North Africa
1. LEGAL PRACTITIONERS IN ROMAN NORTH AFRICA: THE EPIGRAPHIC EVIDENCE
A. Honours for advocati and defensores of Civic Communities
B. Advocati and iurisperiti in Inscriptions of the Officeholding Elite: the Severan Shift
C. Eloquence and Legal Expertise in Funerary Inscriptions of Young Men Pursuing Their Studies
D. Legal Practice in Funerary Inscriptions of Individuals without an Officeholding Career
2. LEGAL PRACTITIONERS IN ROMAN NORTH AFRICA: LITERARY AND LEGAL SOURCES
3. FACTORS OF CHANGE: INSTITUTIONAL DEVELOPMENTS AND THE GROWING PRESTIGE OF LEGAL PRACTICE
4. CONCLUSION
APPENDICES
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
REFERENCES
20 Law, Empire, and Identity between West and East: The Danubian Provinces
1. INTRODUCTION
2. LEGAL PERSONALITY
3. LAW IN TRANSACTIONS
4. PRECEDENT AND IDENTITY
5. CONCLUSION
REFERENCES
21 ‘Provincial Law’ in Britannia
1. INTRODUCTION
2. THE LEGAL CONTOURS OF THE PROVINCIA
3. THE LEGAL EVIDENCE (NARROWLY CONSTRUED) CONCERNING BRITANNIA
4. THREE CASE STUDIES THAT INFORM THE LEGAL CONTOURS OF THE PROVINCIA
4.1. Property Law: The Case of the Wood
4.2. Commercial Law: Complex Transactions
5. A NEW MODEL OF EXCHANGE
6. CONCLUSIONS
REFERENCES
22 Legal Education and Legal Culture in Gaul during the Principate
1. SITUATING LEGAL EDUCATION IN THE ROMAN WORLD
2. HIGHER EDUCATION IN ROMAN GAUL: THE CASE OF AUTUN
3. THE FRAGMENTA AUGUSTODUNENSIA: AN INSTANTIATION OF A WESTERN TEACHING MANUAL
4. LAW AND LEGAL PRACTICE IN GAUL: USING ROMAN LAW IN A PROVINCIAL SETTING
5. LAW AND LEGAL EDUCATION IN GAUL: QUESTIONS OF ROMANIZATION
6. CONCLUSION
REFERENCES
23 Perspectives
REFERENCES
Index of Sources
Subject Index