Roman Law and Local Law in Asia Minor (133 BC - AD 212)

Thesis

This thesis is a contribution towards legal history of Roman Asia Minor from the creation of the province of Asia to the enfranchisement of the free population of the Empire by the emperor Caracalla. Chapter I is concerned with the Hellenistic background and with the theoretical framework for explaining the relationship between the suzerain and the cities in the Hellenistic and Roman periods. The possibility of using Bickerman’s ‘surrender and grant’ model for introducing much needed nuance into usual dichotomy of ‘free’ and ‘subject’ cities is argued for. Chapter II deals with the court of the Roman governor. It is argued that there was no limit set on govenor’s jurisdiction from below and that the main way in which governor’s burden was relieved or legal autonomy of local communities guaranteed was through delegation of decision at the apud iudicem stage of the proceeedings. An in-depth study of the procedure is provided. Chapter III provides an analysis of the assize circuit system, above all in the province of Asia. Arguments for continuity with the pre-Roman administrative structure are advanced and a new hypothesis of significant structural changes in the second century A.D. advanced. Chapter IV explores the jurisdiction of other Roman officials: proconsular legates, quaestors, and above all procurators and other imperial officials. The division of responsibility with the governor’s court and their role in covering the areas not usually penetrated by the governor’s jurisdiction is discussed. Chapter V deals with judicial autonomy of the ‘free’ and ‘federate’ cities. It is argued that the extent of these privileges was widely variant and the possibility that some of them applied only to the apud iudicem stage explored. Chapter VI is concerned with courts of the ‘subject’ communities. It is suggested on the basis of recently published evidence that ‘subject’ communities could retain a high degree of judicial autonomy. Different models used by the Romans are explored and compared. Chapter VII explores a vexed question of internal jurisdiction of Jewish diaspora communities in Asia Minor. The validity of Flavius Josephus' evidence is upheld and the role of 'ancestral laws' ideology in Roman interventions in support of Jewish courts discussed. Two appendices discuss a recently published inscription from Chersonesus Taurica and offer an annotated list of passages in the Corpus iuris civilis dealing with Asia Minor in our period respectively.

Authors: Kantor, G

• Publication date: 2008
• DOI: 10.5287/ora-dozbgzr2w
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: Roman provinces; Asia Minor; Roman Law
• Subjects: History of the ancient world