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Proceedings in the Local Courts of Roman Egypt

Proceedings in the Local Courts of Roman Egypt

Bernhard Palme (ORCID: 0000-0002-6825-2349)
  • Grant DOI 10.55776/P26198
  • Funding program Principal Investigator Projects
  • Status ended
  • Start September 1, 2014
  • End March 31, 2018
  • Funding amount € 134,841

Disciplines

History, Archaeology (70%); Law (30%)

Keywords

    Court proceedings, Roman Egypt, Papyri, Roman Law, Jurisdiction, Legal History

Abstract Final report

As soon as the Ptolemaic kingdom was incorporated into the Roman Empire in 30 BCE, the courts in Egypt became venues for Roman jurisdiction. While the activity of the courts of the highest-ranking Roman officials in Egypt (praefectus Aegypti, procuratores) are already the subject of ongoing studies, this project proposes to fill a major lacuna in the current state of research by examining the jurisdiction of local officials, in whose courts most of the practical business of jurisdiction actually took place. The primary focus will be on the courts of the strategoi (officials of the districts [nomoi] of Egypt) and the municipal courts of Egyptian cities and towns. At the present time, the large and important body of more than 500 procedural texts from Roman Egypt predominantly transcripts of court proceedings, or citations and extracts from court protocols belongs to no corpus or edited collection, and has received very little attention and analysis from documentary papyrologists. Consequently, these documents rarely appear in the work of Roman historians, legal historians or scholars of Roman law. The goal of the current project is to perform, for the first time, a critical examination and revision of an important group of those procedural texts: all documents pertaining to local jurisdiction. The proceedings of local courts (approximately 50 texts) will be brought together into a complete inventory (Part I) accompanied by an analytical study (Part II). In addition to providing revised and updated versions of the most authoritative critical editions, the inventory will offer a new translation and commentary for each entry, which will aid in making these (often fragmentary or highly technical) texts accessible to researchers, and will shed light on the nature of the documents themselves for instance, whether a document is an official transcript of a trial, or else an excerpt from the administrative records of a magistrate. On the basis of this inventory of revised texts (Part I), the analytical study (Part II) will analyse their juridical, administrative and socio-historical significance, investigating fundamental questions about Roman legal procedure, provincial courts and their personnel, and the production and handling of procedural documents. The discussion will highlight several trials that are unusually well-documented, and thereby offer particularly detailed insight into legal practice in the High Empire. The documents to be studied cover the period from the late 1st century BCE to the early 4th century CE. The inventory of procedural texts and analytical study will be published as a single monograph. The results of this project are anticipated to be an important contribution to the fields of papyrology, legal history and Roman history, and highly relevant for our understanding and assessment of Roman imperial rule and its institutional framework.

The establishment of Roman rule brought Roman courts and jurisdiction to all provinces of Rome`s Mediterranean empire. The administration of justice was a central activity of Roman governors and other high-ranking imperial officials, as well as local officials and municipalities throughout the Roman Empire. The arid climate of Egypt, which was annexed as a Roman province in 30 BCE, offers a unique wealth of documentation for the Roman administration of justice, surviving in the form of ca. 400 transcripts of court proceedings, as well as a multitude of other trial-related documents preserved on papyrus. This project constitutes the first systematic investigation of this very large body of evidence for Roman court proceedings. Before now, the majority of these unique testimonia for law and legal practice in the Roman provinces had been available only in scattered papyrological editions, many lacking a translation or commentary, which resulted in their receiving limited attention from Roman historians and legal historians. This project has systematically worked through all of this material, bringing it to bear on legal and historical questions and debates. This investigation has produced substantial insights into the nature of the Roman imperial legal order, as well as the documentation of trials and the dynamics of the legal process in Roman provincial courts. All of the papyri, many of them fragmentary, were subjected to text-critical and historical analysis, contributing to a more detailed and nuanced understanding of legal practice in the Roman provinces. In the course of the project, the chronological scope of the investigation was extended beyond the turn of the third century to the end of Roman rule in Egypt in the seventh century (640/1 CE), in order to gain perspective on long-term developments in the Roman imperial legal sphere. This investigation has revealed that, contrary to established scholarly opinion, local courts in Roman Egypt did not depend on delegation from high-ranking imperial officials but had an independent sphere of local jurisdiction and functioned as courts of first-instance in administrative matters, as well as civil, fiscal and criminal cases. The investigation has also shown that the impact of Roman law in the eastern provinces was more extensive than hitherto believed. A systematic confrontation of the detailed evidence of documentary papyri with literary, legal and epigraphic sources for Roman jurisdiction has shown that in Egypt, as in other provinces of the Roman Empire, the Roman state implemented specifically Roman forms of jurisdiction and models of legal practice. Contrary to prevailing scholarly opinion, the investigation has shown that Roman legal forms and institutions had a profound and far- reaching impact on the legal sphere of Roman Egypt and, by extension, other eastern provinces. The results of this project thereby constitute a substantial contribution to our understanding of the impact of the Roman Empire and of law as a central aspect of the ideology and practice of Roman imperial rule.

Research institution(s)
  • Österreichische Akademie der Wissenschaften - 100%
International project participants
  • Benjamin Kelly, York University - Canada
  • Eva Jakab, University of Szeged - Hungary
  • Ari Bryen, Vanderbilt University - USA
  • Gregory Kantor, University of Oxford

Research Output

  • 1 Citations
  • 1 Publications
Publications
  • 2014
    Title The judicial system in theory and practice
    DOI 10.1017/cbo9781139050869.013
    Type Book Chapter
    Author Keenan J
    Publisher Cambridge University Press (CUP)
    Pages 470-540

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