Juristic Papyrology and Legal Pluralism in Greek and Roman Antiquity
The course aims at introduction of a student to juristic papyrology, i.e. the study of legal practice in the Greek and Roman World. It touches upon history of mentality, understood as a reconstruction of legal awareness of ordinary people of Antiquity. It provides a student with an array of sources, usually not studied at the Law Faculties: the documents of actually concluded legal acts and invites him/her to their interpretation. In doing so the course should make students aware of the discrepancies between the ‘official’ law and its application, channels of the legal education, and finally, the role law plays in the lives of ordinary people, and last, but not least, the problem of legal pluralism : the choice of law, the factors there of, and its application in practice.
The course is done on the case-study pattern, taking as the focal point marriage and family structures and the legal figure which should follow the principle of personality of law.
In particular we shall be looking at legal standing of women: their apparent legal dependence and practical autonomy.
The chronological outline of the course covers the time-span from the earliest Greek document in Egypt, a marriage contract P. Eleph.1 to the demise of Greek documentary language of the Arab era. Thus Ptolemaic, Roman and Byzantine documents will be treated, with focus to the Roman (Augustus – Diocletatian), and Byzantine (the 4th centry and the Justinianic period). The sources provenance is mostly Greek-writing Egypt, but when necessary texts from other regions of the Mediterranean and Roman Empire will be used (the Archive of Babatha, the texts from Dura, Nessana and Petra).
Module I: Introduction
Meeting 1:
The world of the papyri. Papyrology among sciences on Antiquity. The Sources. Literary/Subliterary/Documentary papyri. Egypt and the Ancient Mediterranean. Non-Egyptian papyrology. When the Egyptian Sands spoke Greek or Greek and Roman Egypt: continuities and innovations. What is the use of papyrology (small and ‘big’ history). Modern ethical dilemmas.
Meeting 2:
Papyri and Legal History –an overview. Living in Greek and Roman Egypt: the habitat, state administration, calendar, languages, people. The study of the documents –Archives/Dossiers.
The Law of Greek and Roman Egypt – Prolegomena. The ‘big’ and the ‘small’ history of law. On law functioning in Ancient Societies. Multi-ethnic Egypt under the Ptolemies. Competent Law: some Examples (P. Gur. 2; P. Tebt.I 5) and the Ptolemaic system of courts. Legal personality? The Romans and the Roman law. Reichsrechtand Volksrecht. State norms and legal practice. Roman state law in Egypt: Examples (P. Col.123 Apokrimata, BGUV 1210 – Gnomon of the Idioslogos, Edict of Tiberius Iulius Alexander – Johnson). Legal pluralism: when, how, to what extent? Personal status – citizens – non citizens. Constitutio Antoniniana and its effects (2h).
Administration of Justice in Greek and Roman Egypt. Courts, Judges (Prefect – Epistrategos, others). Registers. Execution. The system of petitions.Nomikoi – legal experts. Legal rules in courts – examples (SBxiv 12139). Late Antique arbitration.
Module II: The law of the papyri (20 hours, 10 meetings)
Marriage and family – personality of law applied? Ptolemaic marriages.
The role of ekdosis in marriage formation.
Marrying ‘Egyptian Way’.
Endogamic marriage.
Written and unwritten marriages.
Marriage in Palestine.
Marriage-like situations (Unions of Roman soldiers)
Marrying ‘the Roman way’.
Divorce: deserted husbands and abandoned wives.
The marriage of Dionysia (P. Oxy. II 237). Marriage and its dissolution in legal practice vs. the Roman model.
The imperial limitations of divorce and their practical impact.
Marital Property, and its organisation.