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History of Philosophy Without Any Gaps

HoP 316 - Just Measures - Law, Money, and War in Byzantium

History of Philosophy Without Any Gaps

Peter Adamson

Philosophy, Society & Culture, Society & Culture:philosophy

4.71.9K Ratings

🗓️ 13 January 2019

⏱️ 22 minutes

🧾️ Download transcript

Summary

Legal and economic thought in Byzantium: the sources of the law’s authority, the relation of church and civil law, just price, and just war.

Transcript

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0:00.0

Best of us all the best he leic, and you're listening to the History of Philosophy Podcast, brought to you

0:20.0

with the support of the Philosophy Department at King's College London and the LMU in Munich, online at History of Philosophy.net.

0:27.0

Today's episode Just Measures, Law, Money and war in Byzantium.

0:35.4

The welfare of the state springs from two sources, weapons and laws.

0:40.7

With these words, the sixth century Emperor Justinian put before his people the fruits of a remarkable undertaking.

0:47.0

At his behest, a team of jurists led by the indefatigable Trebonian had gathered together centuries worth of Roman law.

0:55.6

The result was a legal codification in three parts, the Digest, Codex, and Institutes, followed

1:01.6

later by the so-called novels, that is new laws devised in Justinian's own reign.

1:07.0

We've looked recently at other works that were basically compilations or presentations of earlier material, like Fodius's library or the Suda, and hopefully

1:16.4

we've learned to take such works of scholarship seriously, but none of them can match Justinian's

1:21.3

legal corpus for influence.

1:23.7

Written in Latin, it became the crucial source for Western medieval law when it was taken

1:28.0

up by the juris of 12th century Italy.

1:31.0

And it was crucial in the East too, effectively supplanting previous Roman law and setting

1:36.0

down rules that would be invoked in courtrooms throughout Byzantine history.

1:40.6

This is exactly what Justinian had in mind.

1:44.0

Any laws that failed to make it into his codification were rendered obsolete, effectively

1:48.8

repealed by omission.

1:51.0

This made it the point of reference for future generations of lawyers and judges, which had its downsides.

1:57.0

We're talking here about a massive body of technical writing and it was written in Latin, which was not the working language of the Eastern Empire.

2:04.7

No wonder then that future emperors commissioned further legal works in Greek.

2:09.4

Under the iconoclast Isarian dynasty, a selection of laws entitled the Ecloga, and under the Macedonian dynasty

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