Pouvoir et réseaux des juges juifs dans les provinces orientales de l’Empire romain. A propos de la constitution XIV, 8, 9 du Code Théodosien (17 avril 392)

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- p. 289-304. Abstract: Could Jewish judges have had a strong hold on their litigants in the context of Roman hegemony? Since the beginning of the Principate, the Roman Legislation had ruled that the ius gladii exclusively belonged to the provincial tribunals. But there was a gap between these official statements and their local application. As recent scholars have pointed out, municipal magistrates and sub-political communities settled disputes not only in minores but also in majores causae, with the use of coercive forces. In Palestine, during the 3rd and the 4th centuries, rabbinic judges seem to have forced defendants to appear in court and to have enforced judgments, even if, as Hayim Lapin suggests, this power was « episodic and rather fragile ». Another question should also be raised, what would have been the power of Jewish judges, other than the rabbis, the patriarchs, who were the leaders of synagogal communities in the provinces? We hold an imperial constitution given in 392 in Constantinople that ruled they were allowed to settle disputes in religious matters. Such a delimitation could not function as an efficient guarantee for the Jewish courts as religious Jewish rules dealt not only with ritual and purity but also with civil and penal matters. Indeed conflicts of laws and jurisdictions persisted after 392, as attested by imperial constitutions from 393 and 398. The actual power of the judges strongly depended on circumstance and in particular on the political relays and social networks they could activate in both the provincial and central administrations. Conclusions.
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27 Oct 2015 18:45:34 UTC
data source: tag:blogger.com,1999:blog-116259103207720939.post-7234422806154155363 (last updated: 13 Feb 2015 16:56:49 UTC)
27 Oct 2015 18:45:34 UTC
metadata document: ancientworldonline.blogspot.com/2014/07/reseaux-sociaux-et-contraintes-dans.html (last updated: 13 Feb 2015 16:56:49 UTC)