Download Law and Legality in the Greek East: The Byzantine Canonical by David Wagschal PDF

By David Wagschal

Byzantine church legislations continues to be terra incognita to so much students within the western academy. during this paintings, David Wagschal presents a clean exam of this ignored yet interesting global. Confronting the normal narratives of decline and primitivism that experience lengthy discouraged examine of the topic, Wagschal argues shut studying of the important monuments of Byzantine canon legislations c. 381-883 finds a way more refined and coherent felony tradition than is usually assumed. accomplishing leading edge examinations of the actual form and development of the canonical corpus, the content material of the canonical prologues, the discursive suggestions of the canons, and the character of the earliest forays into systematization, Wagschal invitations his readers to reconsider their very own legal-cultural assumptions as he advances an leading edge method for knowing this old legislations. Law and Legality in the Greek East explores issues reminiscent of compilation, jurisprudence, professionalization, definitions of legislation, the language of the canons, and the connection among the civil and ecclesiastical legislation. It demanding situations traditional assumptions approximately Byzantine legislations whereas suggesting many new avenues of analysis in either overdue vintage and early medieval legislations, secular and ecclesiastical.

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640, 843, 1980, 1981; Venice Marc. app. gr. 29 (= Nanian 22); Vienna hist. gr. 7; Vienna iur. gr. 5. Of the remaining manuscripts, reasonable (sometimes excellent) descriptions exist and were consulted for the following: Andros Pant. 6–7; Athens Eth. Bib. 1370; Athos Iver. 302; Athos Meg. Lav. 93; Athos Pant. 141, 234; Athos Phil. 42; Cambridge Univ. Ee. iv. 29; Dublin Trin. 2; Florence Laur. 8; Istanbul Panag. ) 175; Jerusalem Cruc. 2; Metoch. 635; London BL Add. 28822, 34060; Milan Amb. E. ; B.

Pieler, B. Sirks, and W. Voss. Exceptions are mainly to be found in the older literature. Aside from Biondi himself, scholars such as Stroux 1949 or Honig 1960, for example, and others engaged in the older conversation about the rhetoricization of Roman law, might be read as opening a door to a reassessment of the late antique conceptualization of law. In practice, however, this stream of research remained mostly confined to very narrow questions of the influence of specific rhetorical concepts on specific points of Roman juridical doctrine.

In the Conclusion I will consider how the various patterns and emphases that have emerged throughout the foregoing chapters might suggest a 60 The extent that this model can claim universality for the definition of human law is the essential issue of the famous Gluckman–Bohannan debate in legal anthropology; see Donovan 2007, 100–22. In legal philosophy legal formalism–positivism of the type described here is strongly contested by virtually every modern school of legal theory, including—to name a few—sociological jurisprudence, legal realism, pragmatism, and critical law studies.

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