READING GUIDE, WEEK ONE: The Roman Heritage
[note: each week I will deliver to you a sheet such as this. Use it in the following manner: 1) read over these questions before you do the reading (they will give you an idea of what to read for); 2) as you do your reading, take notes, making sure that you understood the questions and have an idea of what the answers are; 3) on discussion days, be prepared to answer these questions, or to talk about why you found them difficult to answer. Obviously I cannot anticipate every question you might have on this sheet, so be sure to jot down any points from the reading that you found exceptionally interesting, difficult, or otherwise worthy of discussion. I will also ordinarily provide questions for your bi-weekly homework assignment on this sheet. Answer one of the questions in a 1-page, typed response, and turn it in on the last class meeting of the week]
A. The Theodosian Code, selections (Geary, pp. 1-27)
Apology: This, the first primary source we will read this semester,
is unfortunately also one of the most dense we will encounter. But don't
be put off! If you make it through some of this, you'll be fine for almost
everything to come.
Introduction:
The Code compiled by the Roman Emperor Theodosius II (actually, by
his lawyers) in 438 CE is one of the most significant monuments of Roman
government to survive into the Middle Ages. Although later emperors in
the eastern half of the empire (notably Justinian) superseded Theodosius'
work, these later compilations never had the same influence on the old
western half of the empire as did the Theodosian Code. What we have
here is only a tiny fragment of the entire enormous text. As should
be clear, the Code was meant to be an authoritative collection of Roman
law; that is, it pulled together in one place all of the various legal
judgments that had been made for several hundred years, and organized them
by category. Our selection addresses only certain kinds of legal
problems (namely contracts, betrothal, marriage, dowries, divorce and the
care of minors). Pay attention to the way that the Code is organized.
In each Book there are multiple Title, each devoted to a particular kind
of legal problem. Title 1 of Book 3 is therefore "Contracts of Purchase".
Within that Title you will find the laws issued by previous emperors, as
well as an interpretation of each such law made by Theodosius' lawyers
in the 430s. Thus, the first item of Title 1 is a law issued by the Emperor
Constantine in 319 CE; the compilers of the Code provide the full text
of that law, and then add their interpretation of it. Next comes another
law issued by the same emperor on the same subject, this time in 337 CE;
again, the compilers add an interpretation or explanation of the text.
And so on ....
Why do I want you to read this? So that you can memorize what
Constantine had to say in 337 CE on the subject of contracts? CERTAINLY
NOT! In this case the content of the individual laws is relatively unimportant.
What we are interested in with this text is what its organization, general
content, and style tell us about the nature of Roman government. So you
need to read a fair amount of this text, but not for detail - instead,
while you read it ask yourself about the kinds of thought, principles of
justice and law, and implications for governmental sophistication that
are suggested by the individual passages. BIG HINT: the interpretations
of each law are usually much more clear than the actual law itself.
Questions to help comprehension:
1. We take it for granted that contracts are guaranteed by the government
(think about credit cards, for instance, or the contract you sign when
you take a job). Step back and think about what is required for a
society to be able to ensure that contracts are valid and enforceable.
What sorts of institutions have to exist? What would happen to contracts
if such institutions ceased to exist?
2. In Constantine's law of 337 CE (page1-2), what do we learn about
the ability of the Roman government to interfere in the lives of its citizens?
That is, what does the government expect of landowners?
3. What do the laws on contract suggest about the degree and scale
of commerce and real-estate activity in the late Roman Empire?
4. In Title 5 regulations on wedding and engagement gifts are outlined.
What does this tell us about the ability of Roman government to regulate
private life? Why would the government want to insist that gifts be registered?
5. From the evidence in Title 5, why did Romans get married? What was
the purpose of a marriage? What class of people do you think are primarily
affected by these laws? Why?
6. How much of a say in their marriage did young Romans seem to have?
When did Roman girls get engaged?
7. What is going on in Title 6? Why was it necessary to make the regulation
included in Title 6?
8. Look at Title 7, item 1: how much self-determination did young widows
(under 25) have?
9. Title 7, item 2 is also interesting. Can you explain it?
10. Title 8 concerns subsequent marriages. What are the basic principles
governing women's right to remarry? Looking at item 2, what seems to be
the government's main concern about second marriages?
11. Try to decode Title 11. Why was it necessary to pass this law?
What does this law suggest about the power of imperial officials? Does
it sound like these officials were always just and fair?
12. What is a dowry (Title 13)? How does it differ from a betrothal
gift? Why were dowries given?
13. Title 16 is also very interesting. What seems to be the official
Roman position on divorce? For what reasons can a man get divorced? What
about a woman? This Title is a fascinating combination of old Roman
tradition (in which it was extremely easy to divorce) and Christianity
(remember that Rome became Christian in the 4th century). In essence, Theodosius
and his lawyers had to blend old civil custom with newer Christian morality.
14. Why do the lawyers spend so much time (Titles 17-18, 30-32) talking
about the fate of minors (ie., of people who inherit while still children,
usually because their parents have died)? Is the government concerned
about the emotional and/or psychological fate of such children? What is
the government (and presumably the entire Roman aristocracy) interested
in?
15. Step back and consider these laws as a whole. How complex was Roman
government? How much bureaucracy existed? How powerful were the bureaucrats?
What is implied about the structure of the administration? How could these
laws be enforced? Were these laws ‘fair'? If so, to whom? If not, why not?
How does Roman law compare to modern American law?
Homework Assignments:
No Homework this week.