BIROn - Birkbeck Institutional Research Online

Bishops and lawcourts in late antiquity: how (not) to make sense of the legal evidence

Humfress, Caroline (2011) Bishops and lawcourts in late antiquity: how (not) to make sense of the legal evidence. Journal of Early Christian Studies 19 (3), pp. 375-400. ISSN 1067-6341.

[img] Text
4920.pdf - Published Version
Restricted to Repository staff only

Download (518Kb) | Request a copy
Official URL: http://muse.jhu.edu/journals/journal_of_early_chri...

Abstract

This article seeks to reevaluate existing scholarship on the late Roman “bishop’s hearing” or “bishop’s court” via a reexamination of the nature of the extant legal evidence. Paying particular attention to the original contexts in which the relevant fourth- and early fifth-century imperial constitutions were issued, it argues that, prior to the publication of the Theodosian Code in 438, these constitutions should be understood as specific responses to circumstances thrown up by courtroom practice. Having reassessed the nature of the legal evidence both before and after the promulgation of the Theodosian Code, the article attempts to re-contextualize the episcopalis audientia within a broader late Roman socio-legal landscape, hence challenging the traditional framing of the debate on the episcopalis audientia as a question of “church” and “state.”

Item Type: Article
School or Research Centre: Birkbeck Schools and Research Centres > School of Social Sciences, History and Philosophy > Philosophy
Depositing User: Dr Caroline Humfress
Date Deposited: 11 Jul 2012 14:30
Last Modified: 17 Apr 2013 12:33
URI: http://eprints.bbk.ac.uk/id/eprint/4920

Archive Staff Only (login required)

Edit/View Item Edit/View Item