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The study of the Roman Empire has changed dramatically in the last century, with significant emphasis now placed on understanding the experiences of subject populations, rather than a sole focus on the Roman imperial elites. Local experiences, and interactions between periphery and centre, are an intrinsic component in our understanding of the empire's function over and against the earlier, top-down model. But where does law fit into this new, decentralized picture of empire? This volume brings together internationally renowned scholars from both legal and historical backgrounds to study the operation of law in each region of the Roman Empire, from Britain to Egypt, from the first century BCE to the end of the third century CE. Regional specificities are explored in detail alongside the emergence of common themes and activities in a series of case studies that together reveal a new and wide-ranging picture of law in the Roman Empire, balancing the practicalities of regional variation with the ideological constructs of law and empire.
Most of our information about Herod the Great derives from the accounts found in Josephus' Jewish War and Jewish Antiquities. Together they constitute a unique resource on one of the most famous personalities of ancient history. But from where did Josephus get his information? It is commonly agreed that his primary source was Nicolaus of Damascus, Herod's court historian, though the extent to which Josephus adapted his material remains disputed. Herod in History takes a modern, source-critical approach to Josephus' extensive account of Herod's reign to suggest that Josephus did indeed rely heavily on Nicolaus's work, but that previous scholarship was mistaken in seeing Nicolaus as a mere propagandist. Nicolaus may have begun his Universal History while Herod was alive, but he finished it after his death and so had no reason to write propaganda. This makes his work all the more interesting, for what we have instead is something rather different: a Syrian intellectual claiming a place in Augustan Rome, by telling a story about what the Augustan World looks like on the Eastern periphery. Kimberley Czajkowski and Benedikt Eckhardt delineate Nicolaus' approach to various critical topics in Herod's reign in order to reveal his perception of client kingship, the impact of empire, and the difficulties involved in ruling Judaea. This study uncovers an Eastern intellectual's view on how to succeed and how to fail in the new Augustan world order.
In the early second century CE, two Jewish women, Babatha and Salome Komaise, lived in the village of Maoza on the southern coast of the Dead Sea. This was first part of the Nabataean Kingdom, but came under direct Roman rule in 106 CE as part of the province of Roman Arabia. The archives these two women left behind not only provide a tantalizing glimpse into their legal lives and those of their families, but also offer a vivid window onto the ways in which the inhabitants of this region interacted with their new rulers and how this affected the practice of law in this part of the Roman Empire. The papers in these archives are remarkable in their legal diversity, detailing Babatha and Salome Komaise's property and marriages, as well as their disputes. Nabataean, Roman, Greek, and Jewish legal elements are all in evidence, and are often combined within a single papyrus. As such, identifying the supposed 'operative law' of the documents has proven a highly contentious task: scholarly advocates of each of these traditions have failed to reach any true consensus and there remains division particularly between those who argue for a 'Roman' versus a 'Jewish' framework. Taking its lead from recent advances in the scholarship of Roman law, this volume proposes a change in focus: instead of attempting to identify the 'legal system' behind the documents, it seeks instead to understand the 'legal culture' of the community that produced them. Through a series of case studies of the people involved in the creation of the papyri - the scribes, legal advisors, local arbitrators, Roman judges, and the litigants themselves - we can build up a picture of the ways in which they variously perceived and approached the legal transactions, and thus of legal practice itself as being heavily influenced by the particular agents involved. This study therefore moves away from a systematic approach towards an historical study of ideas, attitudes, and perceptions of law, arguing that concentration on different agents' understandings will ultimately help scholars to better understand the actual functioning of law and justice in this particular localized legal culture and in other similar small communities in the Roman Empire.
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