The sources of law
The enactments of the emperors remained the chief source of law during the Byzantine era. Until the twelfth century Byzantine imperial legislation was similar in form to the imperial legislation of the Dominate period[1300] and enactments of a general character (leges generales, edicta) continued to be issued after the manner of the edicts of the Roman emperors.[1301] A general law was preceded by a preamble (praefatio), in which reference was made to the position of the emperor as God's representative on earth, supreme lawgiver and protector of his people; this was followed by the description of the situation which the law aimed to rectify (narratio), the main text of the law (dispositio), and the conclusion; the latter contained the penalties (sanctiones) which the violation of the law entailed and prescribed the scope of the law and the manner of its publication.
Similar to the earlier mandata were the diatyposes, internal directions given by the emperor to officials in his service (especially to provincial authorities). The earlier rescripta were replaced by the lyses, answers given by the emperors to inquiries of officials on matters of administrative law, and the semeoses, responses of the emperors to petitions concerning matters of civil or ecclesiastical law. From the twelfth century the term chrysovoullos logos was used to denote an imperial enactment of a general character, whilst the lyses and the semeoses were replaced by the prostagmata or orismoi. The majority of the imperial laws were concerned with public administration and matters of socio-economic policy. Moreover, a number of laws were enacted which introduced innovations in the fields of criminal and family law. In general, Byzantine imperial legislation was 'humanitarian' in character, aiming to protect those whom it considered weak against those whom it considered strong,[1302] and greatly influenced by Christian ethical principles. At the same time it continued the move away from formalism, although this move was accompanied by a decline in technique.During the Byzantine era custom continued to play a part as a secondary source of law. Despite the general reluctance of Justinian and
The History of Roman Law after Justinian 401 subsequent emperors to recognise the validity of customary law,[1303] numerous customary norms found their way into various imperial enactments and official compilations of the law. Some of these norms had their origin in Greek and Hellenistic institutions of much earlier ages; others were formed in later years, especially after the twelfth century, and reflect the influence of trade practices introduced into Byzantium by the Venetians and other western powers.[1304]
More on the topic The sources of law:
- It is difficult to provide a comprehensive and finite list of the sources of Roman law, since the Roman jurists never defined the term 'source of law' and different sources were emphasized at certain periods in the history of the Roman legal system to reflect their prominence as instruments of legal reform.
- The term ‘sources of law’ is used in many senses.
- The sources of European Union law
- Sources of law in the Empire
- Sources of law in the Republic
- II. SOURCES OF THE LAW
- Sources of Law
- Sources of law in the archaic period
- Sources of Roman law
- Sources of Roman law
- The Sources of Roman Law
- HISTORY AND SOURCES OF THE LAW
- 2 The Sources of English Law