Historical Background

While the Western Roman Empire disintegrated under the onslaught of the Germanic tribes, the Empire in the East was able to maintain itself almost intact.

Certain territorial concessions were made to the Persians, but the loss of territory was negligible. The wealthiest provinces of the Empire (notably Egypt and Syria) were saved, as were its vital economic centres such as Antioch and Alexandria. During the fifth century, the Eastern Empire experienced a marked economic and cultural upturn. Its political influence in international affairs grew and a certain measure of flexibility returned to its society. When in ad 476 the leader of the mercenary German troops (Odoacer) deposed the last West-Roman emperor, he did not hesitate to recognize the formal overlordship of the emperor at Constantinople. Subsequent Germanic rulers, as well as Roman bishops, followed his example. Despite its imperial authority, comparative wealth and vigorous intellectual life, the Eastern Empire did not attempt to control the political affairs of the West until the reign of Justinian in the sixth century.

Soon after his accession to the throne in ad 527, Justinian set himself the task of restoring the Roman Empire to its earlier grandeur. To this end, he inaugurated a programme centered around three goals: the reassertion of imperial control over the Mediterranean basin; the re-establishment of unity in the Church through the enforcement of religious orthodoxy; and the systematic restatement and reform of the law.

In 532, an ‘eternal peace' was concluded with the Persians who were the chief enemies of the Empire in the East. Justinian then turned his attention to the Vandals who were established in North Africa. The Vandal Kingdom collapsed within a year after the commencement of hostilities in 533, but the continued resistance of Berber chieftains delayed the complete pacification of Africa until 548.

In 535, Justinian embarked upon his major military programme: the plan for the reconquest of the Italian peninsula, then under the control of the Ostrogoths. After a bitter struggle that endured for nearly two decades, the Ostrogothic kingdom was overthrown and the Empire's ancient capital (Rome) was recaptured. In 554, after a third campaign undertaken against the Visigoths, south-eastern Spain was also added to the dramatically expanded Empire. Within the Empire, Justinian established a firm personal regime and a powerful, though burdensome, bureaucracy and reasserted the emperor's political authority over the Church. He introduced a series of administrative reforms designed to protect his subjects against the rapacity of government officials and to curb the oppression of the rural population by powerful land barons. Moreover, he adopted measures devised to revitalize trade and industry, and embarked on an extensive architectural and artistic program that furnished the Empire with churches, public buildings and fortifications. In the spiritual realm, Justinian was motivated by a genuine piety as well as the unwillingness to tolerate any opposition as he endeavoured to reunite all the branches of the Church and to eradicate all heresies.

Modern historians are generally divided as to their assessment of Justinian and his work. Some point to his authoritarianism and his ruthless suppression of all internal opposition, and to the fact that his reconquest of the West proved ephemeral and exhausted the Empire both economically and militarily (after his death in 568 renewed attacks by Germanic tribes reduced imperial authority in the West to a few strong points). Furthermore, his attempt to terminate the Monophysite heresy ultimately failed and the religious differences between the Eastern and the Western Churches persisted throughout his reign. Others point to his undeniable military successes and to his tremendous internal achievements, notably in the fields of art and law. At a moment when the ancient world was ending, Justinian did succeed in finally assembling and preserving for posterity the heritage of Roman law—an immense body of legal materials spanning hundreds of years of legal development.

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Source: Mousourakis G.. Fundamentals of Roman Private Law. Springer, 2012.— 366 p.. 2012

Historical Background

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