Abstract:
The aim of this thesis is to explore a part of the complex process of social transformation that accompanied the political breakdown of a centralised Roman Empire in the Western Mediterranean. The specific aspect to be explored is the change present in the emerging laws and legal practices of 'post-Roman' communities. Primarily, this will be accomplished through the close reading and comparison of legislative material sourced from the later Roman Empire, and a limited selection of post-Roman communities. In light of the fact that legislation alone does not provide a complete picture of legal activity broadly, other material will be used to supplement the picture. Further sources drawn on will include private and public correspondence, private and public legal records, juristic writings and analysis, historical and theological texts, a variety of other records, and inscriptions. By making use of broader social evidence, an understanding of Roman, and post-Roman, legal practice beyond official adjudication is possible. Efforts will also be made to understand the characters responsible for the development and evolution of legal practice throughout this period, so as to understand the biases and traditions that shape that evolution. As a case study, post-Roman Spain, often referred to as Visigothic Spain, has been selected for primary treatment in this thesis. Despite the fact it is a single region, the quality and quantity of material it provides is superior to that found in most others. This should provide the thesis the means to arrive at a more complete, and substantially uncompromised, understanding of relevant legal practice. Further, it will hopefully provide the ability to investigate wider social implications of the transition, and form conclusions about the processes of legal adaptation, change, continuity, and evolution.
