Civil Jewish Jurisdiction in the Days of Emperor Justinian (527-565): Codex Justinianus 1.9.8.

16 Pages Posted: 28 Oct 2015

See all articles by Alfredo Mordechai Rabello

Alfredo Mordechai Rabello

Hebrew University of Jerusalem - Faculty of Law

Date Written: October 27, 2015

Abstract

The extent to which the Roman government which had conquered the Land of Israel (Palaestina) as well as large areas outside of it (collectively termed the Roman Empire) permitted Jewish courts to rule in matters regarding Jews is a question which has attracted relatively little attention. In his fundamental book Les Juifs dans l'Empire Romain the renowned scholar Jean Juster sums up the situation of the Jewish judiciary as such: "After the fall of Jerusalem, the Jews continued to bring their cases not only before Jewish judges (whom it was possible to define as arbiters) but even before actual Jewish courts authorized to judge according to Jewish law and granted authority to do so by the Romans. The Jewish court received the status of a regular court the moment one of the Jewish sides submitted a claim to it, thereby effectively preventing the submission of the case to a rival non Jewish court. The Jewish court thus received the authority to summon the defendant, to force him to appear, and to ensure that its rulings would be enforced. Its rulings would be recognized by the Roman authorities as coming from legitimate judicial authority."

Keywords: Roman Empire, Palaestina, Jewish, Jean Juster, Jerusalem, court

Suggested Citation

Rabello, Alfredo Mordechai, Civil Jewish Jurisdiction in the Days of Emperor Justinian (527-565): Codex Justinianus 1.9.8. (October 27, 2015). 33 Isr. L. Rev. 51 (1999); Hebrew University of Jerusalem Legal Research Paper . Available at SSRN: https://ssrn.com/abstract=2681188

Alfredo Mordechai Rabello (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
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