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Law and Legality in the Greek EastThe Byzantine Canonical Tradition, 381-883$
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David Wagschal

Print publication date: 2014

Print ISBN-13: 9780198722601

Published to Oxford Scholarship Online: January 2015

DOI: 10.1093/acprof:oso/9780198722601.001.0001

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Conclusions, Problems, Prospects

Conclusions, Problems, Prospects

Chapter:
(p.275) Conclusions, Problems, Prospects
Source:
Law and Legality in the Greek East
Author(s):

David Wagschal

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198722601.003.0006

The Conclusion briefly reviews the chief findings of the previous chapters: Byzantine canon law is a surprising stable, uniform, and conservative legal tradition, highly sacralized, deeply and intentionally embedded in broader metaphysical and moral narratives, resistant to all but the most innocuous forms of reconstruction or modification, largely immune to jurisprudential reshaping, and highly rhetorical and literary in character. A complex, literary negotiation of identity vis-à-vis the civil legislation is also noted. Various ways of theorizing these results are then explored, with particular attention paid to the exceptionally strong dissonances with the expectations and presuppositions of later European legal thinking. The Conclusion considers the broader implication of the book’s findings for our understanding of Greco-Roman and Christian law as well as Byzantine cultural history.

Keywords:   Greco-Roman law, cultural history, Roman law, Greek law, legal theory, law and morality, jurisprudence, formalism, substantive justice

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