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Journal articles on the topic 'Code of Theodosius'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Harries, Jill. "The Roman Imperial Quaestor from Constantine to Theodosius II." Journal of Roman Studies 78 (November 1988): 148–72. http://dx.doi.org/10.2307/301455.

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The greatest legal monuments to Late Antiquity are the Code of Theodosius II, published in 438, and the Code, Digest and Institutes of Justinian, produced between 529 and 534. The men on whose shoulders the main responsibility for their compilation rested were two imperial quaestors, each backed by teams of experts. Antiochus Chuzon, quaestor in 429, saw the Theodosian Code from its inception in the year of his quaestorship through a second stage in 435 to its completion in time for the marriage of Valentinian III and Theodosius' daughter Eudoxia in October 437 and publication in the following year. century later, under Justinian, Tribonian, perhaps the most famous and powerful of all quaestors, proved his organizational and legal ability during the production of the first edition of Justinian's Code in 529 and became the moving force behind the Digest of the works of the Roman jurists, the Institutes (an update of Gaius on the principles of law) and the second edition of the Code, all of which were crammed into the five years that followed.

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Wojtczak, Marzena. "Between Heaven and Earth: Family ownership versus rights of monastic communities. The Theodosian Code and late antique legal practice." U Schyłku Starożytności : studia źródłoznawcze, no. 17/18 (April 2, 2020): 117–70. http://dx.doi.org/10.36389/uw.uss.18-19.1.5.

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This article investigates the relationship between the legislation introduced in the field of proprietary rights assigned to various Church entities and the practice of accumulation of wealth by the monastic communities in late antique Egypt. On the one hand, among the literary sources the predominant theme concerning Egyptian monasticism is the idea of voluntary poverty and renunciation of worldly possessions aimed at the pursuance of a contemplative life. On the other hand, the papyri offer insight into monastic life that does not seem to have been entirely detached from the outside world. In this vein, the laws of Valentinian I and Theodosius II clearly indicate that monks and nuns continued to own property without disturbance after undertaking religious life. In addition, Theodosius the Great and later emperors restricted the freedom of certain groups of citizens to disown their property, rendering the Christian ideal of voluntary poverty not always feasible. It is only with Justinian that the rules regarding monastic poverty are shaped and set by the secular power. The incentive for this study is to check for any conflict between the principles of classical Roman law in the field of private ownership and imperial legislation included in the Codex Theodosianus. Giorgio Barone-Adesi observed the tension that took place between the Christian communities and their corporations that were allotted ever broader privileges and the Roman principle of preservation of the property within the family unit. There is, however, still some room left for discussion since not all the data easily adds up to an unequivocal conclusion. In this analysis, the Code is treated as a measure for taking a stand by the legislator in the dispute between the will of the owner, recognition of the rights of the heirs and family members, and finally the privileges granted to the religious consortia.

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Jones, Christopher P. "THREE TEMPLES IN LIBANIUS AND THE THEODOSIAN CODE." Classical Quarterly 63, no. 2 (November 8, 2013): 860–65. http://dx.doi.org/10.1017/s0009838813000323.

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In Libanius' speech For the Temples (Or. 30), sometimes regarded as the crowning work of his career, he refers to an unnamed city in which a great pagan temple had recently been destroyed; the date of the speech is disputed, but must be in the 380 s or early 390 s, near the end of the speaker's life. After deploring the actions of a governor appointed by Theodosius, often identified with the praetorian prefect Maternus Cynegius, Libanius continues (30.44–5): Let no-one think that all this is an accusation against you, Your Majesty. For on the frontier with Persia (πρὸς τοῖς ὁρίοις Περσῶν) there lies in ruins a temple which had no equal, as one may hear from all who saw it, so very large was it and so very large the blocks with which it was built, and it occupied as much space as the city itself. Why, amid the terrors of war, to the benefit of the city's inhabitants, those who took the city gained nothing because of their inability to take the temple as well (τοῖς ἑλοῦσι τὴν πόλιν οὐκ ἔχουσι κἀκεῖνον προσεξελεῖν), since the strength of the walls defied every siege-engine. Besides that, one could mount up to the roof and see a very great part of enemy territory, which gives no small advantage in time of war. I have heard some people disputing which of the two sanctuaries was the greater marvel, this one that has gone, or one that one hopes may never suffer in the same way, and contains Sarapis. But this sanctuary, of such a kind and size, not to mention the secret devices of the ceiling and all the sacred statues made of iron that were hidden in darkness, escaping the sun – it has vanished and is destroyed. Jacques Godefroy (Gothofredus), best known for his edition of the Theodosian Code, also produced the editio princeps of the speech For the Temples, supplying a Latin translation and extensive notes. He hesitated whether to identify the city in question with Apamea in Syria or with Carrhae, ‘urbs superstitione Gentilicia tum referta’, but opted for a third choice: Edessa, the capital of Osrhoene. In doing so he took for granted that a law of the Theodosian Code (16.10.8), in which the emperors order that a pagan temple in Osrhoene remain open, referred to the same temple; I shall argue below that this is incorrect. Opinion continues to be divided, though with a majority favouring Edessa. But this lay some ten or fifteen miles from the border with Persia, whereas Carrhae was directly on it, and is much more likely than Edessa to have had a temple from which one ‘could observe a vast area of enemy country’. The principal deity of Carrhae (Harran) was Sîn, the Moon God, said by some sources to be male, by others to be female. Describing how Caracalla was assassinated while on a pilgrimage to the god, Cassius Dio says that he had ‘set out from Edessa for Carrhae’, and was murdered on the way: according to Herodian, he was staying in Carrhae when he decided to go in advance of his army ‘and to reach the temple of the Moon, whom the local people greatly revere: the temple is a long way from the city [presumably Carrhae], so as to require a (special) journey’. Another emperor to visit the sanctuary was Julian on his march into Babylonia. Theodoret of Cyrrhus alleges that ‘he entered the sanctuary honoured by the impious’ and cut open a human victim, a woman suspended by the hair, in order to obtain an omen of his future victory.

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4

Sung Hyun NAM. "A Study on the Origin of the Theodosian Code, Analysis of the Codex Theodosianus I 1,5-6 and the Novellae Theodosii 1." Journal of Classical Studies ll, no. 21 (December 2007): 199–241. http://dx.doi.org/10.20975/jcskor.2007..21.199.

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5

Wiewiorowski, Jacek. "DORĘCZENIA PISM PROCESOWYCH (UWAGI NA MARGINESIE CTH. 2,4,1 [A. 318/319] = C. 5,4,20)." Zeszyty Prawnicze 14, no. 2 (December 7, 2016): 149. http://dx.doi.org/10.21697/zp.2014.14.2.08.

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THE NATURAL SCIENCES IN THE SERVICE OF PLEADINGS IN CASES INVOLVING MINORS: REMARKS ON CTH 2.4.1 [A. 318/319] = C. 5.4.20)SummaryThe subject of this article is the status of juvenile persons in Roman law, as exemplified by one of the constitutions of Constantine the Great, CTh 2.4.1 [a. 318/319] = C. 5.40.2, fragments of which are preserved in Theodosius’ Code of 438, and in an abridged version in Justinian’s Code of 534. In the first part of the article the author analyses the extremely controversial issue of the identity of the constitution’s addressee. In the second part he discusses the content of this constitution and the premises for its issue in the light of the Constantinian legislation on family matters and the way it was later interpreted. The article’s third part is an attempt to apply the natural and social sciences to the question of minors and their personality, and the examination of this issue as regards CTh 2.4.1 [a. 318/319] = C. 5.40.2. The author takes into consideration the basic data on the status of minors in Roman law, in the subsequent history of European law, and in non-European cultures. He concludes by making a series of observations on the potential for the application of the natural sciences in the study of Roman law, which could serve to confirm the timeless and universal nature of some of the solutions it prescribed.

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6

Frakes, R. M., Jill Harries, and Ian Wood. "The Theodosian Code." Classical World 90, no. 5 (1997): 377. http://dx.doi.org/10.2307/4351974.

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7

Martin, Susan D., Jill Harries, and Ian Wood. "The Theodosian Code." American Journal of Legal History 39, no. 4 (October 1995): 510. http://dx.doi.org/10.2307/845507.

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8

Humphries, Mark. "THE THEODOSIAN CODE." Classical Review 54, no. 2 (October 2004): 524–26. http://dx.doi.org/10.1093/cr/54.2.524.

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9

Jones, K., and G. Bevan. "A PHOTOGRAMMETRIC WORKFLOW FOR RAPID SITE DOCUMENTATION AT STOBI, REPUBLIC OF NORTH MACEDONIA." ISPRS - International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences XLII-2/W11 (May 4, 2019): 631–38. http://dx.doi.org/10.5194/isprs-archives-xlii-2-w11-631-2019.

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<p><strong>Abstract.</strong> The so-called “Theodosian Palace” is one of the most significant Late Antique structures at the site of Stobi, in the Republic of North Macedonia. Popularly thought to be a stopping-place of Theodosius I on his way through the province of <i>Macedonia Secunda</i> according to the evidence of the Codex Theodosianus, the structure is in dire need of conservation with many of the stone and mortar walls threatening to collapse onto the mosaic floors below. Any conservation effort in the Republic of North Macedonia must produce rigorous documentation before any physical work can take place. The most important and time consuming component of the project preparation are section and elevation drawings documenting each of the walls stone-by-stone, with elevations and scales indicated in a format prescribed by the state. These drawings are usually done manually on graph paper in the field, with the assistance of time-honoured manual tools – the plum-bob and tape-measure –, but this method is enormously time consuming and has considerable of room for error. The present project, begun in 2016 and the subject of this paper, endeavoured to show that new, photogrammetric methods could not only improve the accuracy of these drawings, but also the speed with which they are made. Our results demonstrate an increase in accuracy by an order magnitude, from 3&thinsp;cm to 3&thinsp;mm, and an improvement in the time to deliver the final product from an estimated 8 months to 2 months.</p>

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10

Schmidt-Hofner, Sebastian. "Plato and the Theodosian Code." Early Medieval Europe 27, no. 1 (January 24, 2019): 35–60. http://dx.doi.org/10.1111/emed.12313.

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11

Atzeri, Lorena. "The Theodosian Code - (S.) Crogiez-Pétrequin, (P.) Jaillette (edd.) Codex Theodosianus. Le Code Théodosien V. Pp. 523, figs. Turnhout, Belgium: Brepols, 2009. Cased, €125. ISBN: 978-2-503-51722-3." Classical Review 61, no. 1 (March 11, 2011): 250–52. http://dx.doi.org/10.1017/s0009840x10002799.

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12

Humfress, Caroline. "‘Cherchez la femme!’ Heresy and Law in Late Antiquity." Studies in Church History 56 (May 15, 2020): 36–59. http://dx.doi.org/10.1017/stc.2019.3.

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In contrast with contemporary heresiological discourse, the Codex Theodosianus, a Roman imperial law code promulgated in 438, makes no systematic gendered references to heretics or heresy. According to late Roman legislative rhetoric, heretics are demented, polluted and infected with pestilence, but they are not seductive temptresses, vulgar ‘women’ or weak-minded whores. This article explores the gap between the precisely marked terrain of Christian heresiologists and (Christian) legislators. The first part gives a brief overview of early Christian heresiology. The second explores late Roman legislation and the construction of the heretic as a ‘legal subject’ in the Codex Theodosianus. The third turns to the celebrated account crafted by Pope Leo I of anti-Manichaean trials at Rome in 443/4, arguing that they should be understood as part of a much broader developing regime of ecclesial power, rather than as concrete applications of existing imperial anti-heresy laws.

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13

Pastor de Arozena, Bárbara. "Hapax legomena en el Codex Theodosianus." Emerita 60, no. 1 (June 30, 1992): 143–50. http://dx.doi.org/10.3989/emerita.1992.v60.i1.489.

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14

Honoré, Tony. "III. The Making of the Theodosian Code." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 103, no. 1 (August 1, 1986): 133–222. http://dx.doi.org/10.7767/zrgra.1986.103.1.133.

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15

Robinson, Olivia. "Kolloquium über den Codex Theodosianus." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 108, no. 1 (August 1, 1991): 691. http://dx.doi.org/10.7767/zrgra.1991.108.1.691a.

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16

Liebs, Detlef. "Adriaan J. Boudewijn Sirks, The Theodosian Code. A Study." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 127, no. 1 (August 1, 2010): 516–39. http://dx.doi.org/10.7767/zrgra.2010.127.1.516.

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17

King, Peter, and John F. Matthews. "Laying down the Law: A Study of the Theodosian Code." Classical World 96, no. 2 (2003): 218. http://dx.doi.org/10.2307/4352743.

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De Felice, John F. "Laying Down the Law: A Study of the Theodosian Code." History: Reviews of New Books 29, no. 4 (January 2001): 180. http://dx.doi.org/10.1080/03612759.2001.10527859.

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19

Misiarczyk, Leszek. "The Status Żydów w cesarstwie chrześcijańskim według księgi XVI Kodeksu Teodozjusza ¬– cz. I." Seminare. Poszukiwania naukowe. 2019(40), no. 2 (September 2019): 175–89. http://dx.doi.org/10.21852/sem.2019.2.13.

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20

Sirks, A. J. B. "Emanzipation als rite de passage." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 137, no. 1 (August 21, 2020): 331–41. http://dx.doi.org/10.1515/zrgr-2020-0017.

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AbstractEmanzipation as rite de passage. Formula Visigothica 34 (7th c.) describes an emancipation. The text suggests that sons of Romans had an expectation to be released in this way from the paternal power when they reached the age of majority. Emancipation was specifically dealt with in their law, the Lex Romana Visigothorum. Some of these do not figure in Justinian’s Code. They might fit the gap, otherwise filled by excerpts from the Theodosian Code, which, however, C. 8,48,6 of 531 would have made outdated. Form. 34 treats the emancipation as a rite de passage. As such it would have accommodated those peoples, made Roman in 212, whose children normally reached majority at a certain age but now were subjected to the Roman patria potestas-system. In this way the old situation would be restored within the Roman setting. Two Theodosian constitutions indicate indeed such a general use.

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Wilkinson, Kevin W. "Dedicated Widows in Codex Theodosianus 9.25?" Journal of Early Christian Studies 20, no. 1 (2012): 141–66. http://dx.doi.org/10.1353/earl.2012.0008.

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Tate, Joshua C. "Codification of late Roman inheritance law: fideicommissa and the Theodosian Code." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 3-4 (2008): 237–48. http://dx.doi.org/10.1163/157181908x336855.

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AbstractIt has long been known that most of the private law content of the Theodosian Code has not been preserved independently of the Lex Romana Visigothorum. Certain constitutions, not contained in the LRV but dating to the period covered by the CT, have survived in the Code of Justinian. This article discusses this problem with respect to a particular topic: fideicommissa. The article discusses whether a particular constitution, CJ 6.37.21, might have been included in the CT, either as part of a general rubric concerning inheritance or as part of a separate rubric on fideicommissa, and concludes by suggesting what the constitution might have looked like had it been under a separate heading.

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23

Jońca, Maciej. "O „prawniczych” znaczeniach terminu culpa w Kodeksie Teodozjusza." Vox Patrum 62 (September 4, 2014): 169–84. http://dx.doi.org/10.31743/vp.3584.

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The Latin term culpa on the legal ground is usually associated with responsibility for torts. Many of the contemporary works link this legal construction with Roman law, which till now is praised for its concision and clarity. Yet not all Roman sources present the clear dogmatic view on this point. Being permeated with rhetoric the Theodosian Code offers various meanings of this term, which considerably differ from the ideas elaborated by the classical Roman law. Nevertheless the code played substantial role in the process of development of law in the Medieval Europe.

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24

Hines, John. "Units of Account in Gold and Silver in Seventh-Century England:Scillingas, SceattasandPæningas." Antiquaries Journal 90 (September 2010): 153–73. http://dx.doi.org/10.1017/s0003581510000089.

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AbstractThe seventh-century vernacular laws from the kingdoms of Kent and Wessex specify fines or compensation payments using units of account that have given us familiar terms in the numismatics of this period:scillingas(shillings),sceattasandpæningas(pennies). In light of the use of cognate words in Gothic and Old High German, and the comparative values given in the Old English law-codes themselves and in the fifth-century Theodosian Code, it is suggested that these represent a regular and durable bimetallic system correlating values in gold and silver. This proposition is examined further against the evidence of weighing-sets from sixth- and early seventh-century Anglo-Saxon graves, and it is argued that the results give greater and more precise meaning to the use of gold and silver in Early Anglo-Saxon artefacts, such as the great gold buckle from Mound 1 at Sutton Hoo, Suffolk.

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Nelson, Janet L. "‘Not Bishops’ Bailiffs but Lords of the Earth’: Charles the Bald and the Problem of Sovereignty." Studies in Church History. Subsidia 9 (1991): 23–34. http://dx.doi.org/10.1017/s014304590000185x.

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The Christian Church’s institutional autonomy, and wealth, were firmly grounded in the law and authority of the Later Roman Empire. The sixteenth book of the Theodosian Code was an ecclesiastical Magna Carta. The great popes of the fifth and sixth centuries knew that the Church existed within the Empire, dependent like all other privileged bodies on imperial government for its sustenance.

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Isola, Antonio. "De Monachis: un titolo controverso (Codex Theodosianus 16,3,1/2)." Wiener Studien 119 (2007): 199–214. http://dx.doi.org/10.1553/wst119s199.

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Sirks, A. J. B. "Die Schriftheimat von Vat. Reg. Lat. 886 (Codex Theodosianus libri IX-XVI)." Tijdschrift voor Rechtsgeschiedenis 88, no. 1-2 (June 25, 2020): 42–49. http://dx.doi.org/10.1163/15718190-00880a04.

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Summary It is generally assumed that the main manuscript of the Theodosian Code, Vat.Reg.Lat. 886, was copied in the 6th century in South-East Gaul, although Italy as provenance is not excluded. This manuscript contains marginal summaries, of which the origin is also attributed to Gaul. However, it can be shown that the largest group was made by one of the scribes (V2*) after 535 and before 554, on the very manuscript, that this was very likely done in Rome, and that the scribe was a Greek, perhaps a Byzantine official. This conclusion bears upon the provenance of Vat.Reg.Lat. 886. The errors in the Greek constitution CTh 9,45,4 imply that it cannot have been copied in the east. It must have been done in the west and not the Code, sent over in 437, was used (or else the Greek would be in order), but a copy of this Code, in which the scribe had misunderstood the Greek and made errors, which then figure in Vat.Reg.Lat. 886. The copying must have been done after 535 and just before the Summaria were made because the author of the Summaria was one of the correctors.

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Sung Hyun NAM. "The Four Constitutions of the Catholic Faith in the Theodosian Code XVI, 1." Journal of Classical Studies ll, no. 23 (December 2008): 273–323. http://dx.doi.org/10.20975/jcskor.2008..23.273.

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Kuefler, Mathew. "The Merry Widows of Late Roman Antiquity: The Evidence of the Theodosian Code." Gender & History 27, no. 1 (March 14, 2015): 28–52. http://dx.doi.org/10.1111/1468-0424.12101.

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30

Salzman, Michele R. "'Superstitio' in the "Codex Theodosianus" and the Persecution of Pagans." Vigiliae Christianae 41, no. 2 (June 1987): 172. http://dx.doi.org/10.2307/1584108.

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Andrés Santos, Francisco J. "Coma Fort, José María, Codex Theodosianus: historia de un texto." Revista de estudios histórico-jurídicos, no. 37 (October 2015): 570–73. http://dx.doi.org/10.4067/s0716-54552015000100026.

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Atzeri, Lorena. "Coma Fort, José María, Codex Theodosianus: Historia de un texto." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 133, no. 1 (September 1, 2016): 550–61. http://dx.doi.org/10.26498/zrgra-2016-0128.

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Salzman, Michele R. "'Superstitio' in the Codex Theodosianus and the Persecution of Pagans1." Vigiliae Christianae 41, no. 2 (1987): 172–88. http://dx.doi.org/10.1163/157007287x00049.

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Rabello, Alfredo Mordechai. "The Legal Status of Spanish Jews During the Visigothic Catholic Era: From Reccared (586) to Reccesswinth (672)." Israel Law Review 33, no. 4 (1999): 756–86. http://dx.doi.org/10.1017/s0021223700016186.

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This article is dedicated to the memory of my friend, Professor Ze'ev Falk teacher and researcher, who always displayed a great interest in the history of the Jewish People.Foreword: The Jews had been living in Spain since the Roman period, when Spain became part of the Roman Empire. Much later, Spain was conquered by the Visigoths. King Alaric II (484–507) enacted a code based largely on the Theodosian Code (438), namely the Breviarium Alaricianum (506), of which many laws dealt with the Jews. During this period the Visigoths were Arian and their treatment of the Jews was relatively good. In this article I shall examine the way Visigothic Catholic Spain dealt with the Jews and Judaism.

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35

Kuefler, Mathew. "The Marriage Revolution in Late Antiquity: The Theodosian Code and Later Roman Marriage Law." Journal of Family History 32, no. 4 (October 2007): 343–70. http://dx.doi.org/10.1177/0363199007304424.

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Alba López, Almudena, and Raúl González-Salinero. "Codex Theodosianus 16.2.12 and the Genesis of the Ecclesiastic Privilegium Fori." Journal for Late Antique Religion and Culture 13 (July 6, 2019): 1. http://dx.doi.org/10.18573/jlarc.109.

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37

Sirks, A. J. B. "Nuove Ricerche sulla ‘Interpretatio Visigothorum’ al ‘Codex Theodosianus’, Libri I–II." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 137, no. 1 (August 21, 2020): 491–96. http://dx.doi.org/10.1515/zrgr-2020-0036.

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38

Grubbs, Judith Evans. "Reviews of Books:Laying down the Law: A Study of the Theodosian Code John F. Matthews." American Historical Review 107, no. 4 (October 2002): 1275–76. http://dx.doi.org/10.1086/532776.

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HARPER, KYLE. "THE SC CLAUDIANUM IN THE CODEX THEODOSIANUS: SOCIAL HISTORY AND LEGAL TEXTS." Classical Quarterly 60, no. 2 (November 19, 2010): 610–38. http://dx.doi.org/10.1017/s0009838810000108.

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40

Serrano Madroñal, Raúl. "El uso del plomo en las sanciones jurídicas tardorromanas: procedimientos, condenas y condenados = The Use of Lead in Late Roman Legal Sanctions: Procedures, Convictions and Convicted." Espacio Tiempo y Forma. Serie II, Historia Antigua, no. 33 (November 1, 2020): 169. http://dx.doi.org/10.5944/etfii.33.2020.28490.

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El Derecho romano durante el Bajo Imperio, compilado en buena medida en el Codex Theodosianus, contempló numerosas sanciones que implicaban la utilización de este metal pesado de fácil fundición. Entre las mismas, destacarían especialmente los azotes con flagelos que incluían bolas de plomo y la ingesta de plomo fundido. El objetivo esencial del presente artículo reside en la indagación sobre los procedimientos, las causas de las condenas y la naturaleza de los condenados, sin perder de vista el marco histórico que determina toda esta documentación de carácter jurídico. Asimismo, se persigue una explicación congruente sobre las consecuencias que podrían generar este tipo de torturas y ejecuciones, haciendo hincapié en su condición disuasoria.AbstractRoman Law in the Late Empire, compiled to a large extent in the Codex Theodosianus, contemplated numerous sanctions that involved the use of this easily melted heavy metal. Among them, the scourging with lead whips and the intake of molten lead would especially stand out. The essential objective of this article will be the investigation about the procedures, the causes of the convictions and the nature of the condemned, without losing sight of the historical framework that determines all this legal documentation. Likewise, a consistent explanation is sought about the consequences that this type of torture and executions could generate, emphasizing its dissuasive condition.

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Berzon, Todd S. "Strategies of Containment." Studies in Late Antiquity 1, no. 2 (2017): 124–49. http://dx.doi.org/10.1525/sla.2017.1.2.124.

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This article investigates the ideological dimensions of an expressly spatialized discourse of Christian heresy in late antiquity as articulated in the laws of the Theodosian Code. It argues that efforts to legislate heresy in spatial terms served both to reify its seemingly uncontrollable, protean nature, while also distinguishing heresy as a dangerous social contagion from heresy as a cognitive condition. To legislate heresy in the language of space and place was an attempt to regularize it, to subject it to conditions that could be usefully legislated against, maybe even with a modicum of tolerance in a narrowly defined spaced. The laws within the Code deployed different rhetorics and logics to describe and regulate the spaces of the heretics. The heretics were denied space altogether and thus exposed, permitted secluded spaces and contained, and pushed out of the world altogether and thus made oblivious. In these different rhetorical maneuvers, the Code produced a protracted struggle to define the very terms of its heretical control. In codifying efforts to manage such a diverse and diffuse mass of heretics, the Code produced not a singular orthodoxy, but various orthodoxies or strategies of heretical containment. Efforts to control the heretics, in short, produced competing and complementary orthodoxies.

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Arjava, Antti. "Ein verschollenes Gesetz des Codex Theodosianus über uneheliche Kinder (CTh 4, 6,7 a)." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 115, no. 1 (August 1, 1998): 414–18. http://dx.doi.org/10.7767/zrgra.1998.115.1.414.

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Sirks, A. J. B. "A note on the methodology of Seeck’s Regesten der Kaiser und Päpste." Tijdschrift voor rechtsgeschiedenis 82, no. 1-2 (October 23, 2014): 45–57. http://dx.doi.org/10.1163/15718190-08212p05.

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When reconstructing the sources of the Theodosian Code, it is useful to put the thesis, that local archives were used, to the test and reconstruct such a local archive on the basis of the addressee. It appears in the provided example that the letters must have been taken from the imperial copybook of outgoing letters. Further, Seeck reconstructed sometimes the place where a text was issued on basis of the itinerary of the emperor. In the example taken, it appears that Seeck was rather casual in his assumptions on the speed the emperor traveled or could have traveled and that another route, which would necessitate less emendations, is also possible. His Regesten show in this respect a critical weakness.

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Sirks, A. J. B. "Could after the division of administration in 364 an emperor issue a law for the entire empire?" Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 138, no. 1 (June 1, 2021): 555–67. http://dx.doi.org/10.1515/zrgr-2021-0015.

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Abstract The question whether the administrative division of the Roman empire in 364 or 395 implied also a divided legislation, i.e. that each part could or did legislate only for itself, has been extensively debated. To all appearances the emperors issued laws jointly, and likewise the prefects issued edicts jointly. Yet it is possible to deduce from the few relevant texts that these manifestations of unity were merely ideological: in practice each part could only issue laws for itself, and laws of the other part had to be confirmed expressly in order to gain validity. This implies that inclusion in the Theodosian Code of laws of each part did not make them universally valid.

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Lo Nero, Carolina. "Christiana Dicnitas: New Christian Criteria for Citizenship in the Late Roman Empire1." Medieval Encounters 7, no. 2 (2001): 146–64. http://dx.doi.org/10.1163/157006701x00021.

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AbstractThe following article focuses on the influence of Christian thought on imperial Roman law towards non-Christian subjects. In particular Theodosian and Justinian Codes show a certain discrimination based on status regarding Jews, heretics, and apostates. Under the influence of Christianity a new system of values was attributed to classical legal terms. This process also involved the concept of citizen, and inequalities of prestige were associated with people's religious creeds. What in Roman law was previously understood as civis was now transferred to the Christianus civis.

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Rabello, Alfredo Mordechai. "The Samaritans in Justinian's Corpus Iuris Civilis." Israel Law Review 31, no. 4 (1997): 724–43. http://dx.doi.org/10.1017/s002122370001548x.

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Justinian, in his Corpus Iuris Civilis, showed great interest in the Samaritans, in the context of his lifelong effort to make Orthodox Christianity the prevailing faith of the Roman empire. In general, Justinian's relationship to non-Catholic religions was one of discrimination and degradation. The Samaritans were subjected to especially harsh treatment and repressive legislation, due to their sanguinary rebellions. This cycle of repression and rebellion had dire economic consequences in Palestine for the entire general population, including Christians, and contributed to the general population's dissatisfaction with Imperial policy.In the Theodosian Code, the first official collection of Imperial constitutions, Samaritan-related legislation was grouped together with legislation related to Jews and Caelicolae, in the general context of the relationship between the Empire and the Church.

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Jurewicz, Aldona Rita. "Actor, colonus, conductor, procurator in einem Brief des Kaisers Honorius." Tijdschrift voor Rechtsgeschiedenis 88, no. 1-2 (June 25, 2020): 94–121. http://dx.doi.org/10.1163/15718190-00880a01.

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Summary In this article the author presents three interpretations of the passage of emperor Honorius’ constitution that has been included in the Theodosian Code under the title quod iussu (CTh 2,31,1). The intention of the author is to prove the thesis that the emperor Honorius accepted a practically existing extension of the use of actio quod iussu to relations between landowners and overseers of the land property. Consequently the actio could be brought against the landowner or possessor of the land (dominus possessionis, cultor terrarum) on the ground that management personnel (servus, actor, conductor, colonus, procurator), regardless of their status libertatis, borrowed money with clear authorisation (iussum). The author does not share the opinion that the background of the emperor’s decision was the economic relation between the landowners and the management personnel.

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Arce, Javier. "FANA, TEMPLA, DELUBRA DESTRUI PRAECIPIMUS: THE END OF THE TEMPLES IN ROMAN SPAIN." Late Antique Archaeology 7, no. 1 (2011): 195–208. http://dx.doi.org/10.1163/22134522-90000157.

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The Theodosian Code (16.1) preserves a series of imperial laws which aimed to suppress pagan sacrifices and remove cult idols during the 4th c. At the same time other imperial legislation recommended that the temple buildings themselves needed to be maintained in the cities, as both emblematic and useful buildings. This article seeks to analyse, using all the available sources (literary, archaeological, legislative), the problem of the end of pagan temples in Hispania. We can conclude that these structures were not transformed into churchesif at alluntil the 6th and 7th centuries. Some were abandoned in the 4th c., others became houses or were reused in other ways, and it is only from the 5th c. that there is good archaeological evidence for the use of Spanish temple spolia in other buildings.

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du Plessis, Paul J. "The Theodosian Code - (J.) Harries, (I.) Wood (edd.) The Theodosian Code. Studies in the Imperial Law of Late Antiquity. Second edition. Pp. x + 261, ill. London: Bristol Classical Press, 2010 (first edition 1993). Paper, £20. ISBN: 978-1-85399-740-2." Classical Review 62, no. 2 (September 12, 2012): 617–18. http://dx.doi.org/10.1017/s0009840x1200131x.

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Mathisen, Ralph. "Provinciales, Gentiles, and Marriages between Romans and Barbarians in the Late Roman Empire." Journal of Roman Studies 99 (November 2009): 140–55. http://dx.doi.org/10.3815/007543509789745025.

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Codex Theodosianus 3.14.1, issued in the early 370s, has been understood in the past to indicate a ban on all marriages between ‘Romans’ and ‘barbarians’. But this interpretation contradicts evidence that Roman-barbarian marriages occurred with great frequency, and the lack of any other evidence for such a ban. This study argues that the specific wording of the law, referring to gentiles (barbarian soldiers) and provinciales (residents of provinces), suggests that the ban was imposed to ensure the continued performance of specific duties incumbent upon these two classes of individuals, and had nothing to do with ethnicity-qua-ethnicity.

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