The ''Basilika'' was a collection of laws completed c. 892 AD in

Constantinople la, Constantinopolis ota, قسطنطينيه , alternate_name = Byzantion (earlier Greek name), Nova Roma ("New Rome"), Miklagard/Miklagarth ( Old Norse), Tsargrad ( Slavic), Qustantiniya (Arabic), Basileuousa ("Queen of Cities"), Megalopolis ( ...

by order of the Eastern Roman emperor Leo VI the Wise during the Macedonian dynasty. This was a continuation of the efforts of his father, Basil I, to simplify and adapt the Emperor

Justinian I Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovat ...

's ''

Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referr ...

'' code of law issued between 529 and 534 which had become outdated. The term "Basilika" comes from el, Τὰ Βασιλικά meaning "Imperial Laws" and not from the Emperor Basil's name, which though shares the etymology "imperial".

Background

Many changes had taken place within the

Byzantine Empire The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantin ...

in between

Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renova ...

and Leo VI's reign, chiefly the change in language from Latin to Greek. During Justinian's era,

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power ...

was still in common use and Court documents were written in it. However, by the 9th century the use of Latin was obsolete, which in turn made the ''

'' code hard to use for Greek speakers, even in the capital of

. Furthermore, many of the laws within the ''Corpus Juris Civilis'' no longer pertained to most people, and new laws rose up to take their place. This necessitated an overhaul of the Byzantine legal system. '' Justinian's Codex'' had effectively ended juristic developments for the next couple of centuries. Moreover, the Byzantine legal system operated as a codified system, wherein the sentence given by a judge needed to be grounded in a passage of law previously issued by a legislator. This made it impossible for a judge to set precedents. There was vast confusion amongst judges as to which legal documents they should refer to (''Justinian's Codex'' or other books of law which had been written in the ensuing centuries). Additionally, ''Justinian's Codex'' had officially stripped the legislative branch of its authority, making it hard for judges to know which law codes they should follow. With a code of law in Greek, lawyers were able to use it in their cases, making its practicality invaluable. This was a stark contrast to the ''Corpus Juris'', which proved to be too complex and comprehensive to be used practicably even within its own time. In addition, the ''Basilika'' and similar legal reform projects helped retain and reinvigorate the ''

Romanitas ''Romanitas'' is the collection of political and cultural concepts and practices by which the Romans defined themselves. It is a Latin word, first coined in the third century AD, meaning "Roman-ness" and has been used by modern historians as shor ...

'', or Roman-ness, of the Byzantine Empire. In the same time period, the

Carolingian Empire The Carolingian Empire (800–888) was a large Frankish-dominated empire in western and central Europe during the Early Middle Ages. It was ruled by the Carolingian dynasty, which had ruled as kings of the Franks since 751 and as kings of the ...

and the

Papacy The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...

in the west and the First Bulgarian Empire in the

Balkans The Balkans ( ), also known as the Balkan Peninsula, is a geographical area in southeastern Europe with various geographical and historical definitions. The region takes its name from the Balkan Mountains that stretch throughout the who ...

grew in power, and challenged the secular and religious leadership of the Byzantine Empire. Louis II was bemused by the error in Latin within a letter from the Byzantine emperor, and wrote a critical letter accusing the "Greeks" for turning their backs on the city of Rome, the Roman people, and the Roman language (i.e., Latin), and thus were unworthy of being Roman emperors. Although the Arab

Umayyad The Umayyad Caliphate (661–750 CE; , ; ar, ٱلْخِلَافَة ٱلْأُمَوِيَّة, al-Khilāfah al-ʾUmawīyah) was the second of the four major caliphates established after the death of Muhammad. The caliphate was ruled by the ...

and

Abbasid The Abbasid Caliphate ( or ; ar, الْخِلَافَةُ الْعَبَّاسِيَّة, ') was the third caliphate to succeed the Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abdul-Muttal ...

caliphates were powerful geopolitical competitors, and indeed had conquered large areas of Byzantine territory, the Arabs did not challenge Byzantium's Roman identity, but instead claimed to be the heirs of

Antiquity Antiquity or Antiquities may refer to: Historical objects or periods Artifacts *Antiquities, objects or artifacts surviving from ancient cultures Eras Any period before the European Middle Ages (5th to 15th centuries) but still within the histo ...

.Trοianos, S. N. (2001) “Δίκαιο και ιδεολογία στα χρόνια των Μακεδόνων,” Βυζαντινά 22: 239–61. The ''Basilika'' also presents itself as a connection back to earlier times before the period of

Iconoclasm Iconoclasm (from Ancient Greek, Greek: grc, wikt:εἰκών, εἰκών, lit=figure, icon, translit=eikṓn, label=none + grc, wikt:κλάω, κλάω, lit=to break, translit=kláō, label=none)From grc, wikt:εἰκών, εἰκών + wi ...

, lending the Macedonian dynasty a sense of religious legitimacy. This began with Basil I and his desire to distance himself from the Iconoclasts, and to connect himself and his sons with their Great Predecessor, Justinian I.

Structure of the ''Basilika''

The sixty books of the ''Basilika'' have had a profound impact on the scholarship of the Byzantine Empire because they preserved many legal documents. Within the sixty books of law, in addition to the preservation of ''Justinian's Codex'', new legal customs were also included which had evolved in the centuries. It also included works of law initiated by Basil I, including the ''Prochiron'' (a handbook of civil laws and customs which excluded those no longer in use) and the '' Epanagoge'' (an expanded ''Prochiron'' which included an introduction and summary) as well as numerous decrees of the Iconoclast Emperors. However, the Code still followed the tradition of the ''Corpus Juris'', beginning with ecclesiastical law, sources of law, procedure, private law, administrative law, and criminal law. It greatly differed however in its use of commentaries (

scholia Scholia (singular scholium or scholion, from grc, σχόλιον, "comment, interpretation") are grammatical, critical, or explanatory comments – original or copied from prior commentaries – which are inserted in the margin of t ...

), which were pieces of juristic works from the sixth and seventh centuries as well as the twelfth and thirteenth centuries. Previously, Justinian I had outlawed commentary on his set of laws, making the scholia on the ''Basilika'' unique. The actual format of the books themselves vary greatly. Some are represented in one manuscript, which may or may not contain scholia or full parts of other juristic works which have been mentioned. Likewise, some books have been lost entirely.

Implications of the ''Basilika''

Unlike Justinian's Codex which continued to have an impact in the West as the continuation of

Roman Law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Jus ...

, the ''Basilikas influence was limited to the Eastern Empire. This included having a lasting impact on Greece's modern law code. Following the

Greek War of Independence The Greek War of Independence, also known as the Greek Revolution or the Greek Revolution of 1821, was a successful war of independence by Greek revolutionaries against the Ottoman Empire between 1821 and 1829. The Greeks were later assisted ...

against Turkey in 1821, the ''Basilika'' was adopted until the introduction of the present Civil Code of Greece. This long continuation of Roman influenced Byzantine law presents a stark contrast to the legal system of the West.

Notes

References

*Freshfield, Edwin Hanson (1928). ''The Procheiros Nomos''. Cambridge: University Press. *Freshfield, Edwin Hanson (1931). ''A Provincial Manual of Later Roman Law: The Calabrian Procheiron on Servitudes & Bye-laws Incidental to the Tenure of Real Property''. Cambridge: University Press. *Heimbach, Gustav; Heimbach, Karl Wilhelm Ernst; Fabrot, Charles (1833). ''Basilika''. Libsiae: Sumtibus J. A. Barth.

External links