Byzantine Law - Influences and Sources

Influences and Sources

Byzantium inherited its main political, cultural and social institutions from Rome. Similarly, Roman law constituted the basis for the Byzantine legal system. For many centuries, the two great codifications of Roman law, carried out by Theodosius II and Justinian respectively, were the cornerstones of Byzantine legislation. Of course, over the years these Roman codes were adjusτed to the current circumstances, and then replaced by new codifications, written in Greek. However, the influence of Roman law persisted, and it is obvious in codifications, such as Basilika, which was based on Corpus Juris Civilis. In the 11th century, Michael Psellos prides himself for being acquainted with the Roman legal legacy ("Ἰταλὥν σοφία").

In accordance with the late Roman legal tradition, the main source of law (fons legum) in Byzantium remained the enactments of the emperors. The latter initiated some major codifications of the Roman law, but they also issued their own "new laws", the Novels ("Novellae", "Νεαραὶ"). In early Byzantine (late Roman) era the legislative interest of the emperors intensified, and laws were now regulating the main aspects of public, private, economic and social life. For example, Constantine I was the first to regulate divorce and Theodosius I intervened in faith issues, imposing a specific version of the Creed. From Diocletian to Theodosius I, namely during approximately 100 years, more than 2,000 laws were issued. Justinian alone promulgated approximately 600 laws. Gradually, the legislative enthusiasm receded, but still some of the laws of later emperors, such as Leo III's Novels, are of particular importance. Custom continued to play a limited role as a secondary source of law, but written legislation had a precedence.