By Ralph W. Mathisen
The 16 papers during this quantity examine the hyperlinks among legislations and society in the course of past due Antiquity (260-640 CE). at the one hand, they give thought to how social alterations comparable to the barbarian payment and the increase of the Christian church ended in the construction of recent resources of felony authority, comparable to neighborhood and "vulgar" legislation, barbarian legislations codes, and canon legislations. at the different, they examine the interrelationship among criminal strategies and social switch.
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15 It is as if they had consciously avoided an assimilation into the society of the conquered. 16 Although it is far from clear how much inﬂuence the Pactus had on subsequent Frankish legal practice,17 it indicates that in the Merovingian kingdom Franks and Romans each retained their own legal systems. Romans continued to use the Breviarium and the Codex Theodosianus even after the Visigoths had been driven out of most of southern Gaul in and thereafter. 18 Nevertheless, the dividing line may not have been clear.
B (Milan, ) = idem, La Formation du droit canonique médiéval (London, ); and note also Matthews in this volume. 7 The Lex Romana Burgundionum had several chapters on inheritance as well, clearly aiming to reproduce the system of Roman succession in a fairly comprehensive way (LRB , , ). The Edictum Theoderici, on the other hand, passed over inheritance with a few very general clauses (ET –, –): it was not intended to be an exclusive source of law, but had to be supplemented from other collections, such as Codex Theodosianus.
The editors of the Breviarium perhaps did not realize that the barbarian invasions referred to (it is a law of ) were precisely those of Alaric and Athaulf, the ancestors of the present Gothic regime of southern Gaul. Apart from these few examples, the whole domain of Roman public works and entertainments was omitted; nothing here on aqueducts, road repair, imperial portraits, men and women of the stage, pimps and procurers, or wild beast shows and gladiators. Whether for better or for worse, it represents a considerable narrowing of social experience.