In late antiquity there emerged new laws that sought to protect the dead through the prevention and punishment of crimes that contravened the sanctity of the body and its resting place, including the profanation of cadavers, tomb violation, and grave‐robbery. On a more personal level, individuals used epitaphs to convey their wishes to be left undisturbed after burial, and family and kin members began searching for new ways to commemorate the memory of loved ones that did not put their mortal remains at risk. At the same time, the increasing popularity of the cult of saints and martyrs put greater emphasis on the importance of relics as objects of veneration, which in turn led to elaborate strategies of acquisition, including the exhumation, transporting and dismembering of the dead. All of these developments were inspired in some degree by a growing awareness of the body as a symbol of God's eternal love for mankind. Yet paradoxically, literary and archaeological evidence confirms that grave‐robbing was a relatively widespread phenomenon during this time. The question for historians, therefore, is one of legitimacy: in what instances was the violation of tombs considered acceptable or legitimate, and by whom? In answering this, we can learn a great deal about the cultural and religious factors that underpinned the development of new laws and customs concerning the treatment of the dead.
This book explores the evolution of Roman law and society in Italy from 493, with the proclamation of the Ostrogoth Theoderic the Great as king, until about 554, when the eastern Emperor Justinian was able to re-establish imperial authority in the region. Drawing upon evidence from a variety of legal and historical sources, it investigates how Theoderic and his successors attempted to govern the peninsula in the wake of foreign invasions, the collapse of civic administration, the break-up of the Mediterranean economy, and the emergence of new forms of religious and secular authority. It challenges long-held assumptions as to just how peaceful, prosperous and Roman-like Theoderic's Italy really was. Its primary focus is the Edictum Theoderici, a significant but largely overlooked document that offers valuable historical insights into the complex and sometimes contested social, political and religious changes that marked Italy's passage from Antiquity into the Middle Ages.
The goal of this study is to contribute to the understanding of how Roman law continued to survive and evolve in Italy to reflect changes social, political, and cultural taking place in the peninsula from the fourth century to sixth. Evidence for this is drawn primarily from the Edictum Theoderici, a collection and emendation of Roman law comprising 154 edicts in addition to a prologue and epilogue. Composed by an unknown group of Roman jurisprudents working under the Ostrogothic king Theoderic the Great (493-526), and intended as a guidebook for settling disputes between Goths and Romans, the ET is a body of source material that yields valuable historical insights into Italy's transition from Roman province to barbarian kingdom. It also raises important questions as to just how peaceful, prosperous, and Roman-like Theoderic’s Italy really was.
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