Извори на правото во Византиската империја (компаративна анализа на државно-правниот систем)
Date Issued
2021
Author(s)
Василевска, Иванка
Abstract
Strictly centralized state and legal apparatus characterized the
Byzantine Empire. The character of the arrangement was undoubtedly
autocratic because the legislature, the executive and the judiciary were
concentrated in the hands of the emperor. The diarchy introduced by Emperor
Augustus for the joint rule of the ruler and the senate did not succeed in
practice for a long time, and from the entry into power of Emperor Diocletian
until the fall of the Empire, with few exceptions, was directly concentrated
in the hands of the m1er. In that sense, the peculiarity of the Empire is the
meaning of law. Although it came directly from the emperor and was a
metaphorical source of the Byzantine law, legal norms and codifications
were extremely important and they were a kind of brake or more precisely
a compass in autocratic rule. Although is defined in science that the term
Byzantine law itself did not represent the same legal order, and especially in
the period from the sixth to the ninth century, the foundation on which it was
built is found in the Roman legal foundations. It is important to emphasize
that with the development of state-legal relations in Byzantine society,
because of the changes in the Empire, the law gained medieval contours, although certain branches of law retained the principles that were structured
in the time of Justinian. Despite all the changes, it is evident that the thesis
of the sovereignty of law remained a lasting principle throughout the reign
of the Byzantine Empire. Therefore, the aim of this paper is to present the
sources of Law in the Empire and their developmental stages. In the form
of a comparative analysis in which will be presented different types of legal
acts, such as the Ekloga, the Law of Judgment of the People, the Agricultural
Law (Nomos Georgikos), the Nomocanon of John the Scholastic and the Nomocanon of 14 titles.
Byzantine Empire. The character of the arrangement was undoubtedly
autocratic because the legislature, the executive and the judiciary were
concentrated in the hands of the emperor. The diarchy introduced by Emperor
Augustus for the joint rule of the ruler and the senate did not succeed in
practice for a long time, and from the entry into power of Emperor Diocletian
until the fall of the Empire, with few exceptions, was directly concentrated
in the hands of the m1er. In that sense, the peculiarity of the Empire is the
meaning of law. Although it came directly from the emperor and was a
metaphorical source of the Byzantine law, legal norms and codifications
were extremely important and they were a kind of brake or more precisely
a compass in autocratic rule. Although is defined in science that the term
Byzantine law itself did not represent the same legal order, and especially in
the period from the sixth to the ninth century, the foundation on which it was
built is found in the Roman legal foundations. It is important to emphasize
that with the development of state-legal relations in Byzantine society,
because of the changes in the Empire, the law gained medieval contours, although certain branches of law retained the principles that were structured
in the time of Justinian. Despite all the changes, it is evident that the thesis
of the sovereignty of law remained a lasting principle throughout the reign
of the Byzantine Empire. Therefore, the aim of this paper is to present the
sources of Law in the Empire and their developmental stages. In the form
of a comparative analysis in which will be presented different types of legal
acts, such as the Ekloga, the Law of Judgment of the People, the Agricultural
Law (Nomos Georgikos), the Nomocanon of John the Scholastic and the Nomocanon of 14 titles.
Subjects
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