Concept

Basilika

The Basilika was a collection of laws completed c. 892 AD in Constantinople by order of the Eastern Roman emperor Leo VI the Wise during the Macedonian dynasty. This was a continuation of the efforts of his father, Basil I, to simplify and adapt the Emperor Justinian I's Corpus Juris Civilis code of law issued between 529 and 534 which had become outdated. The term "Basilika" comes from Τὰ Βασιλικά meaning "Imperial Laws" and not from the Emperor Basil's name, which though shares the etymology "imperial". Many changes had taken place within the Byzantine Empire in between Justinian and Leo VI's reign, chiefly the change in language from Latin to Greek. During Justinian's era, Latin was still in common use and Court documents were written in it. However, by the 9th century the use of Latin was obsolete, which in turn made the Corpus Juris Civilis code hard to use for Greek speakers, even in the capital of Constantinople. Furthermore, many of the laws within the Corpus Juris Civilis no longer pertained to most people, and new laws rose up to take their place. This necessitated an overhaul of the Byzantine legal system. Justinian's Codex had effectively ended juristic developments for the next couple of centuries. Moreover, the Byzantine legal system operated as a codified system, wherein the sentence given by a judge needed to be grounded in a passage of law previously issued by a legislator. This made it impossible for a judge to set precedents. There was vast confusion amongst judges as to which legal documents they should refer to (Justinian's Codex or other books of law which had been written in the ensuing centuries). Additionally, Justinian's Codex had officially stripped the legislative branch of its authority, making it hard for judges to know which law codes they should follow. With a code of law in Greek, lawyers were able to use it in their cases, making its practicality invaluable. This was a stark contrast to the Corpus Juris, which proved to be too complex and comprehensive to be used practicably even within its own time.

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