The Influence of Christianity on the Roman-Legal Regulation of Marriage in the Post-Classical Period

Abstract

The significant influence of Christianity on legislative policy in the field of family law during the Dominate period occurred under the rule of two emperors: Constantine I (306–337) and Justinian I (527–565). The paper examines the legal reforms introduced primarily by Emperor Constantine who, recognizing the spiritual potential of the new religion, not only equalized Christianity with paganism but also actively supported it in various ways. The introductory sections of the paper present the ideas of the first Christian writers, namely Tertullian, Ambrose, Augustine, Lactantius, and Jerome. The subsequent chapters analyze the legislation of Emperors Constantine I, Theodosius II, and Majorian in the area of matrimonial law. This imperial legislation was aimed at the protection of marriage and, to a greater or lesser extent, made the conclusion of a second marriage after divorce more difficult or, in certain cases, even prevented it. Special attention was given to the punishment of the crime of adultery, the possibility of pardoning an adulterous wife, and also the introduction of state control over divorce through the establishment of reasons permitting it. Christianity helped to overcome the classical concept of Roman marriage understood as a factual state and contributed to its replacement by a new concept, according to which marriage was a legal institution and a permanent legal status.