Legal Definitions - Paraphrase of Theophilus

The Paraphrase of Theophilus refers to a significant legal text from the 6th century CE. It is a Greek translation and commentary on the *Institutes of Justinian*, which was a foundational textbook of Roman law written in Latin as part of Emperor Justinian I's monumental legal compilation, the *Corpus Juris Civilis*. Theophilus, a prominent jurist and professor of law in Constantinople, created this paraphrase to make Justinian's complex Latin legal principles accessible and understandable to Greek-speaking law students and practitioners in the Eastern Roman Empire.

Essentially, Theophilus took the original Latin *Institutes* and rewrote them in Greek, often adding his own explanations, clarifications, and interpretations. This work became an indispensable tool for legal education and practice in the Byzantine Empire, serving as an authoritative guide to Roman law for centuries.

• Example 1: Legal Education in Byzantium

  Imagine a young law student in 7th-century Constantinople, whose primary language is Greek, trying to grasp the intricacies of Roman property law. The original *Institutes of Justinian* are written in Latin, posing a significant linguistic barrier. This student would rely heavily on the Paraphrase of Theophilus. Theophilus's Greek rendition not only translated the Latin text but also provided explanatory notes, making complex concepts like usufruct or servitudes understandable in the student's native tongue. This illustrates how the paraphrase served as a crucial educational bridge, ensuring the continuity of Roman legal knowledge in the Greek-speaking East.

• Example 2: Judicial Interpretation in the Byzantine Empire

  Consider a Byzantine judge in the 9th century presiding over a dispute concerning the validity of a will. The foundational legal principles for such a case would be found in Justinian's *Institutes*. However, rather than consulting the original Latin text, the judge might refer to the Paraphrase of Theophilus. Theophilus's version offered an authoritative Greek interpretation of the Latin provisions, which could guide the judge in applying the law to the specific facts of the case. This demonstrates the paraphrase's practical utility as a reference for legal professionals seeking to apply Roman law in a Greek-speaking context.

• Example 3: Modern Historical Legal Research

  A contemporary legal historian researching the evolution of legal thought in the Eastern Roman Empire might analyze the Paraphrase of Theophilus. By comparing Theophilus's Greek text with Justinian's original Latin *Institutes*, the historian can identify subtle differences in interpretation, emphasis, or even additions made by Theophilus. This comparative study reveals how Roman law was understood, adapted, and taught in the Byzantine world, offering insights into the intellectual and legal culture of the time. The paraphrase, in this context, serves as a primary source for understanding the reception and transmission of Roman legal tradition.