The post-Byzantine legal tradition : in theory and in practice

Abstract

This thesis outlines the main characteristics and components of the Byzantine legal tradition, as it evolved in time, and how this legal tradition changed once there was no longer a Byzantine Empire, particularly in terms of family law. This thesis will analyze in detail the family law section of one 17th century post-Byzantine law code, the Nomokritirion, and compare this law code to other legal sources from the period, in order to see how the content of the Nomokritirion differed from post-Byzantine law in practice. The main argument of the thesis is that post-Byzantine law codes in the Ottoman Empire, such as the Nomokritirion, were simplified modifications of earlier Byzantine law codes. Post-Byzantine law codes only addressed matters in which the church had legal jurisdiction and they do not entirely reflect the, then, contemporary legal realities, as they both contained archaisms and generally did not address issues related to the Islamization of society.