Personhood in Roman Law (Personhood Part V)

The interpretation of early Christian beliefs about personhood into the law of the Roman Empire began very early in the reign of Constantine. On 21 March 315, for instance, only two years after he issued the Edict of Milan, which document granted official religious toleration to Christianity following the worst persecution the Church had yet endured, Constantine promulgated a law which ordered that “if any person should be condemned to the arena or to the mines … he shall not be branded on his face … so that the face, which has been made in the likeness of celestial beauty, may not be disfigured.”62 Although the interpretation of the doctrine of Imago Dei which this law offers is rather haphazard and peculiar, it is nonetheless significant that Christian anthropology, even if in an incomplete form, was being used as a source for Roman law at this early date. Just two months later, on 13 May 315, Constantine promulgated another law with made infanticide and exposure of infants illegal in the Roman Empire and appointed money from the imperial treasury be used to feed children whose parents could not feed them.63 Similarly, four years later, on 11 May 319, Constantine issued another law which forbade masters from mistreating or killing their slaves.64 Constantine also published a number of laws whose intent was to encourage slave owners to manumit their slaves and to make the process of manumission, formerly a complicated process under Roman law, as easy and desirable as possible for them. A law promulgated on 18 April 321, for instance, grants Christian clergy the right to legally free slaves whose owners wish to manumit them.65 Another law, promulgated in an attempt to prevent poor parents from selling their children into slavery and published on 6 July 322, stipulated that children whose parents are too poor to support them should receive their support from the imperial treasury.66 As significant as are these and other laws promulgated by Constantine, the most significant reform of Roman law in accordance with Christian beliefs came under the Emperor Justinian in the sixth century. Under the influence of his powerful wife Theodora, Justinian included in his extensive and thorough reforms of Roman law the promulgation of many laws protecting the rights of women and children. Among them were laws prohibiting forced prostitution, allowing marriages between members of any social class, banning infanticide, granting women guardianship over their children, and allowing women to more easily leave prostitution without being subject to continuing legal or social handicaps. In justifying the promulgation of such laws, Justinian echoed the words of Paul, proclaiming, “in the service of God, there is no male nor female, nor freeman nor slave.”67 The influence of the Corpus Juris Civilis, the massive product of Justinian’s comprehensive reform of Roman law, continues to the modern day. Later, in 797-802, a woman, Irene of Athens, would reign for the first time as empress regnant of the Roman Empire.68 She also convoked the Seventh Ecumenical Council of the Christian Church at Nicaea in 787.

Notes

62 Codex Theodosiani 9.40.2, in Joseph Story, ed., Conflict of Laws (Clark: Lawbook Exchange, Ltd., 1841).

63 Codex Theodosiani 11.27.1

64 Codex Theodosiani 9.12.1

65 Codex Theodosiani 4.8.1

66 Codex Theodosiani 11.27.2

67 Justinian, quoted in J. A .S. Evans, The Empress Theodora: Partner of Justinian (Austin: University of Texas Press, 2003), 37.

68 Lynda Garland, Byzantine Empresses: Women and Power in Byzantium AD 527-1204 (London: Routledge, 1999), 73-94.

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