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Full Description
The purpose of this Element is to introduce the study of later Roman law (Byzantine law) to a wider academic audience. Currently a great deal of specialized knowledge is necessary to approach the field of Byzantine law. This Element works to break down the barriers to this fascinating subject by providing a brief, clear introduction to the topic. It makes a scholarly contribution by placing Byzantine law in a broader perspective and by reconsidering some of the aspects of the study of Byzantine law. The Element places Byzantine law outside of the box by comparing, for example, Byzantine law to the European legal tradition and highlighting the role that Byzantine law can have in unravelling the common legal past of Europe. It gives also information on the status of Byzantine legal studies and makes suggestions on how to study Byzantine law and why.
Contents
Part I. What is Byzantine Law, or Does Byzantine Law Exist?: 1. A question of terminology; 2. In the beginning was Justinian's legislation; 3. It is the language, stupid, or the 'birth' of Byzantine law; 4. From Gaius to Theophilus and beyond; 5. State law and canon law; 6. Applying the law; 7. When does Byzantine law end, or does Byzantine law end?; Part II. How is Byzantine Law Related to European Law, or Rethinking Byzantine Law: 8. What have the Romans ever done for us?; 9. It is the language, stupid, or the 'birth' of European private law; 10. What have the Byzantines ever done for us?; 11. Comparing the western to the eastern legal tradition; 12. Unravelling the common legal past of Europe; 13. From Harmenopoulos to Windscheid and beyond; 14. The future of Byzantine law; Bibliography.
