著者

渡辺 理仁

出版者

一橋大学大学院法学研究科

雑誌

一橋法学 (ISSN:13470388)

巻号頁・発行日

vol.20, no.2, pp.299-333, 2021-07-10

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In the Byzantine Empire, Roman law had been applied prior to its rediscovery in the twelfth century. However, it is sometimes pointed out that Byzantine law deviate from Corpus Iuris Civilis. The eighth century small code Ecloga is a typical example of that. This begs the question of whether it is appropriate to position Byzantine law definitely in terms of continuity with Roman law or not. In this paper, I provide an overview of Ecloga and examine its divergence from the Principles in Roman Law that have been identified in previous studies. I then translate the related materials and compare the provisions in the Corpus Iuris Civilis and Ecloga, examining the differences between them and presenting some conclusions.