“Provinciales, Gentiles, and Marriages between Romans and Barbarians in the Late Roman Empire”

Roman law in Gratian and the Panormia

Kathleen G. Cushing and Bruce C. Brasington, eds., Bishops, Texts, and the Use of Canon Law around 1100: Essays in Honour of Martin Brett (Aldershot, U.K., 2008).

Rome and the Barbarians : The Privilege of Law

HAL (Le Centre pour la Communication Scientifique Directe), 2016

The inheritance of Roman law is complex. On the same background created by Rome, specific legal forms grew up which resulted of the process of acculturation. In the Late Empire, there were many barbarians in the Roman army and military judges had to accommodate Roman rules with tribal norms The so-called barbarian laws are to be found in this military context. They were issued as a privilege, so that the bond of peoples to their own customs was strenghtened and proto-national legal aggregates settled into shape. Résumé : Le legs du droit romain est beaucoup plus complexe qu'il n'y paraît. Sur le même terreau façonné par Rome s'épanouirent des formes juridiques différentes, produits de processus d'acculturation variables. Aux IV e et V e siècles, la présence barbare dans l'armée romaine était très forte et les juges militaires eurent à concilier les normes romaines aux traditions des unités tribales. C'est dans ce contexte militaire qu'il faut considérer l'origine des lois dites barbares, des lois que les soldats barbares avaient reçues en privilèges. De la sorte se renforça le lien des peuples à ces « lois coutumières » et prirent forme des ensembles juridiques « proto-nationaux ».

review of T. Honoré, Law in the Crisis of Empire 379-455 A.D.

Law and History Review, 2000

Tony Honore has pugnaciously dedicated his newest book "to the unsatisfied," a broad hint that something familiarly controversial is to come. And come it does, in the form of a historical argument based on a stylistic analysis of the Latin of imperial laws dated between A.D. 379 and 455. These laws are chiefly preserved in the Theodosian Code, a collection of imperial laws of the fourth and fifth centuries A.C. gathered (with subsequent additions) in A.D. 429-435 and thus prior to the more familiar, multi-part Justinianic Code.

THE OXFORD HANDBOOK OF ROMAN LAW AND SOCIETY

The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.

On Some Questions of Roman Public Law

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'Greek Law under the Romans'

E. Harris and M. Canevaro (eds.), The Oxford Handbook of Ancient Greek Law

This chapter deals with the impact of Roman legal institutions and political realities of Roman dominance on legal institutions in the Greek world, and with developments of Greek law within the imperial framework from the fall of Corinth to its last traces in late imperial legislation. It addresses in particular the specific characteristics of sources for Greek law in the Roman period, conflicts of jurisdiction between Greek poleis and imperial authorities, the law of personal status in the new imperial context and new developments in the law of property and obligation. The concluding sections deals with the demise of Greek law in late antiquity and its afterlife in late imperial legislation.

Law and Legalism in the Roman Republic

This paper (with its attached handout) was delivered in 2005 as my Inaugural Lecture as Collegiate Professor of Classics and Roman Law at the University of Michigan. Its central subject is "legalism" (an attachment to the view that proper legal conduct involves no more than scrupulous adherence to promulgated rules) as it pertains to Livy's account of Roman conduct after the Samnite ambush at the Caudine Forks (321: Livy 9.1-19), and then a broader consideration of how such legalism fits into the emergence of Roman jurisprudence in the later Roman Republic.