The Relationship Between Roman and Local Law in the Babatha and Salome Komaise Archives: General Analysis and Three Case Studies on Law of Succession, Guardianship and Marriage
The
discovery of the Babatha archive provided scholars with unique
opportunities for reconstructing the life of Jews in second-century
Arabia. Although legal issues and especially the question of the
relationship between Roman and local law have received attention in a
number of publications, this study presents the first complete overview
of the legal situation as presented in the Babatha as well as the Salome
Komaise archive, using references to law in the documents' texts as the
key element for understanding what law is applicable to these
documents. By distinguishing between two levels in the papyri, of
substantive and of formal law, a new understanding is reached of the
part both Roman and local law played in legal reality.
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