Caesar monastic law before “Code” by Justinian I Cover Image

Cesarskie prawodawstwo zakonne sprzed Kodeksu Justyniana Wielkiego
Caesar monastic law before “Code” by Justinian I

Author(s): Janusz Lewandowicz
Subject(s): History of Church(es), History of Law
Published by: Wyższe Seminarium Duchowne w Łodzi
Keywords: Roman law; monasticism; Caesar monastic law; monasteries

Summary/Abstract: Since Constantine the Great Caesar law started to play a double role in the world where Christianslived. It regulated the laws of a lay community – which aimed at the worldly objectives but also the lifeof the Church herself, whose basic objectives are directed towards the supernatural sphere. It was a kindof ius commune which shaped the collection of legal norms according to the Christian perspective. Tillthe times of Justinian I Caesar norms in relation to monastic life were directed by the need of the hour.Their formation, however, gives some idea what in the eyes of rulers was a problem which was necessaryto solve on the border of monasticism and the life of a lay community. Depending on the regulationsubject we can classify a group of laws applying to the people who had to perform public duties, thento the people who did not enjoy full freedom (slaves, coloni), married couples, then laws regulating thediscipline of monastic life in monasteries and laws applying to monks and monasteries in a lay community(particularly regarding system of justice, property law and public order).

  • Issue Year: 27/2018
  • Issue No: 2
  • Page Range: 135-153
  • Page Count: 19
  • Language: Polish