G R E A T S I N G O V E R N A N C E
JUSTINIAN AND THEODORA
Architects of Law and Order
JUSTINIAN
AND THEODORA
All good governments need good
laws. They are the foundations
for building a safe and prosperous
society. Today, many of us take
it for granted that the law is fair
and transparent - that someone is
innocent until proven guilty. But
this was not always the case. These
foundations were laid down 1,500
years ago, by the Byzantine emperor
Justinian I.
Justinian the Great ruled from
modern-day Istanbul between 527
- 565 AD. He and his trailblazing
wife, Empress Theodora, introduced
transparency and morality into the
empire’s legal system and new laws to
protect the most vulnerable members
of society.
Justinian built one of the world’s
greatest buildings, the Hagia Sophia,
but his reforms to the law are his most
inspired and enduring achievement.
To change the world, sometimes you
need to change the rules.
JUSTINIAN AND THEODORA
Architects of Law and Order
September
2020
The Emperor Justinian, by Benjamin Constant (1886)
J U S T I N I A N A N D T H E O D O R A
The Emperor Who
Never Sleeps
I
t is before dawn. The city of Constantinople is shrouded in an inky darkness.
High in the city’s Sacred Palace, candles are burning through the night. Justinian,
the recently-coronated emperor of Byzantine, is wide awake and hard at work.
The ambitious young emperor has many plans - to expand the empire’s borders, restore
its former glory and mend its inefficient tax system. But now, just months into his reign,
Justinian is working on the one issue that will reshape his empire and define his legacy.
This coming day, he will appear before the Senate and announce his plans to reform and
simplify his empire’s broken legal system.
Justinian knew this would be a massive undertaking. Byzantine law was a centuries-
old patchwork of rulings, statutes, and legal writings inherited from Roman emperors,
lawyers, and judges. One estimate calculates that the law exceeded 2,000 different
books and three million lines of legal text. The law puzzled even the professionals who
studied and practiced it. One historian has described Byzantine law as ‘a splendid mess
of confusion’. Simple issues could not be resolved because of contradictory rulings
between old and newer laws. One case dragged on for nearly forty years! This sort of
inefficiency troubled the energetic Justinian, who would become known as The Emperor
Who Never Sleeps.
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G R E A T S I N G O V E R N A N C E
Why did Justinian Care about the Law?
Justinian and his wife Empress Theodora enjoyed the ‘divine right’ of being above the
law. Their daily lives were not really impacted if the law was fully functioning or not. So
why did they devote so much time and resources to reforming it?
Firstly, it is important to consider Justinian’s relatively lowly upbringing. He was born
into a family of modest means (as was Theodora) in modern-day North Macedonia,
around 400 miles north of Athens. His fortunes followed those of his uncle, Justin. As
Justin rose to power – from swineherd to soldier, to imperial guard and ultimately to
become the Emperor himself – he also elevated his nephew Justinian to increasingly
influential positions. These humble origins may have given Justinian a sense of the way
the law worked – or failed to work – for all manner of people across the empire. Justinian
wrote of how justice should be universal:
“Justice is the firm and continuous desire to
render to everyone that which is his due”.
Secondly, there were pragmatic reasons. Justinian wanted to extend the same legal
jurisdiction to all parts of his empire. The law affected everyday people – when they
bought goods or sold land; when they signed contracts or borrowed money; when they
had disputes over inheritances or grievances over unpunished crime. Improving the legal
system would make their lives more productive – and raise their approval of him as
a leader. A more efficient legal system also promised to root out corruption, reduce
waste, and in turn, bolster the Byzantine economy to make it one of the world’s most
sophisticated and powerful marketplaces.
A gold ‘solidus’ coin, the obverse featuring Justinian I and, on the
reverse, a standing angel; minted in Constantinople c.545-565.
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J U S T I N I A N A N D T H E O D O R A
Creating a more
Accountable and
Accessible
Legal System
A New Foundation Based on Values
To really overhaul and strengthen a system of law you need to start with its foundations.
Justinian began by addressing the structural causes of the problem, rather than just
alleviating the symptoms. Contradictions in the old laws allowed those with money to
bribe judges and jurists and purchase the ruling they desired. Justinian and his advisors
reorganised existing laws and also created new ones. The values of fairness to all and
consistency would guide this process.
Between 529 and 534, Justinian and his team of legal advisors revised all aspects of
Roman Law. This meant hundreds of years’ worth of law regarding criminal codes,
punishments, private law, ecclesiastical law, the powers of the emperor and other high
officials, administrative codes, tax law, local government powers, the civil service and
martial laws, and rules on contracts, marriage divorce, inheritance, succession and
property ownership. All these and more became a coherent, consistent compilation of
laws and texts known as the Corpus Juris Civilis (Body of Civil Law). The Corpus texts
are the founding documents of the Western legal tradition.
Among the new laws promulgated by Justinian included one to ‘suppress the avarice
of creditors’, capping the interest rates that could be charged on goods, such as grain
and dried fruits. Another law limited how long appeals could last (two years), while
another empowered local judges to make decisions on their best judgement, rather than
having to wait for imperial orders. Other rulings promoted meritocracy, created greater
rights for women, and most importantly enshrined the principle of being innocent until
proven guilty.
Justinian’s wife, Empress Theodora, shared the emperor’s passion for legislative reform.
She is credited with creating and enacting a number of laws focused particularly on
women’s rights: prohibiting sex trafficking, freeing women forced into prostitution
and criminalising the system that forced those women into prostitution. Theodora also
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G R E A T S I N G O V E R N A N C E
improved women’s rights in divorce, guardianship, and property ownership. Rather
than protecting the powerful and enriching the wealthy, Theodora looked to the law to
protect the weak and downtrodden.
Together, they forever changed not only the rule of law, but also the role of law in
society. Of the four new legal texts of what is known as the ‘Justinian Code’, the first two
were published in Latin, the language of the law; the latter two were published in Greek,
the language of the empire. Doing so made it possible for Byzantine’s citizens, many for
the first time, to understand the laws under which they lived.
This page from the Pandectarum codex Florentinus, is the oldest extant edition of Justinian’s
Digest, copied just after its promulgation in the sixth century. As illustrated on this page,
the manuscript is written in both Latin and Greek.
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J U S T I N I A N A N D T H E O D O R A
The Byzantine Empire
In 330 AD, the Roman emperor Constantine moved his empire’s capital city from Rome
to Byzantium (the city would later be renamed Constantinople, and is today Istanbul).
The move reflected that the eastern portion of the Roman empire was growing in military
and economic importance, while the western sections were waning on both fronts. The
western Roman Empire would collapse and fall by the end of the 5th Century; the
eastern part of the empire became the Byzantine Empire.
Under Justinian’s rule, the Byzantine Empire would reclaim much of the western land
that had once been under Roman rule. However, historians regard these campaigns as
ultimately having overextended the empire financially and militarily. Byzantine’s borders
would gradually recede, until the empire fell to the Ottomans in 1453.
Nor th Sea
Eastern Roman Empire circa
AD 527 - 565
Aquilla
Atlantic Ocean Milan
Verona
Dalmatia Sirmium
Genoa Ravenna Chersonesus Lazica
Singidunum
Docina Odessus
Pisa Serdica Thrace Black Sea
Dyrrhachium Adrianople Sinope
Corsica Phasis
Rome Illyricum CONSTANTINOPLE
Salonica
Tarentum Nicaea Pontica Trebizond
Naplas Armenia
Larissa Ancyra Melitene
Cordoba Car tagena Sardinia Atrions Ephesus
Edessa
Baetica Sicily
Syracuse
Corinth Asiana Iconium Tarsus Dora
Malaga Car thage Antioch
Coesarea Myra
Oriens
Couta Cyprus
Mediterranean Sea Crete Tripolis Palmyra
Tripolis Tyre Darnascus
Leptis Cyrene
Magna Caesarea
Berenice Gaza Jerusalem
Tripoli tania
Pentapolis Alexandria Pelusium
Memphis Aila
Egypt
Re
d
Se
Ptolemais
a
Syrene
‘The vain titles of the victories of Justinian are crumbled into dust; but the name of the legislator is inscribed
on a fair and everlasting monument. Under his reign, and by his care, the civil jurisprudence was digested in
the immortal works…’
- The eminent historian, Edward Gibbon, on Justinian I
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G R E A T S I N G O V E R N A N C E
Putting Principles
into Practice
A Clear Mission for an Elite Team
How did Justinian tackle such a complex task so quickly and comprehensively? He
began by recognising that he could not do it alone, despite his tireless work ethic. One
of Justinian’s first moves in 528, after announcing his intention to reform the Empire’s
legal system, was to establish a commission of high-ranking bureaucrats and legal
experts from across the empire. They hailed from Beirut, Constantinople and Rome. He
tasked them with collecting all the rulings issued by Roman emperors, and gave them
the authority to clarify contradictions and exclude laws that had become outdated or
obsolete. Within a year, the commission
had done the job. He would use this tactic
again, establishing separate commissions
to tackle new legal problems as they arose.
Heading several of these commissions
was Tribonian, whom historians have
called ‘the greatest legal mind of the day’.
Justinian’s elite teams had fewer than 20
members. The standards for membership
were exceptionally high. Justinian also
appreciated the need for diverse thinking
and perspectives, assembling a commission
that reflected the makeup of the empire
it was serving, rather than simply those
nearest and most loyal to him.
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J U S T I N I A N A N D T H E O D O R A
A Relentless Focus on Implementation
Once Justinian had committed to his vision of
reforming the law, he did not wait around for
‘the right moment’ to proceed. He seized the
opportunity to act early in his rule and created
incredible momentum within his legal teams.
They were given the resources and decision-
making power to deliver results in very short
periods of time.
The scope of the project was huge but
production was tireless. In the space of five
years, the first three books of The Justinian
Code had been published. They cleared up
issues that had crippled the legal system for
centuries, and they standardised a curriculum
for law students across the empire.
This focus on outcomes allowed Justinian to
witness real change during his lifetime. His
leadership approach encouraged speed. He
would step in when needed, but refrained from
micromanaging, allowing the commissions Detail of Mosaic of Emperor Justinian I and
to operate efficiently. Rather than waste attendants, Basilica of San Vitale in Ravenna
time seeking his approval on small matters, (built A.D. 547)
Justinian’s commissioners were empowered to act according to their best judgment. He often deferred to their
advice. Yet he didn’t shy away from making ‘the big decisions’ that only a leader can make. In 530, for instance,
the commission could not agree on 50 different rulings and so Tribonian made sure that Justinian had the final
say.
Justinian also refused to allow ‘great to be the enemy of good’. He ordered the first edition of a book on rulings
to be published as soon as it was ready, rather than spend years trying to make it perfect. As it became clear
that the compilation needed edits and amendments, a subsequent edition was published four years later. The
particular wording of the Code mattered much less than the ideas it stood for and the ideals it defended.
Justinian understood that legal decisions built upon the foundation of timeless principles – such as justice and
fairness – stand the best chance of becoming timeless themselves.
9
G R E A T S I N G O V E R N A N C E
Theodora - Trusted Advisor and Co-ruler
Many books have also been written about Justinian’s wife - the charismatic and capable
Theodora. She had a colourful early career as an actress but it was her intelligence and
political acumen that made her Justinian’s closest advisor and trusted counsellor. In a
preface to one legislative ruling, Justinian admitted that he hadn’t known what to do –
so he asked Theodora.
Mosaic of Empress Theodora and attendants,
Basilica of San Vitale in Ravenna (built A.D. 547)
It was her wisdom and insight that saved his life. In 532, just five years into his reign,
the ‘Nika Riots’ erupted. At the time, chariot-races drew huge crowds of up to 100,000
spectators - around one fifth of the city’s population. The main chariot-racing teams
and their supporters were highly politicised. Unrest at the races sparked city-wide riots.
Buildings were burned and thousands killed. The fury of the riots was eventually directed
toward Justinian and his palace, which overlooked the chariot-racing Hippodrome.
Justinian and his advisors planned to flee the city. But Theodora took a brave stance and
argued that they should remain, to defend the palace and their position:
“Whether or not a woman should give an example of courage to men, is neither
here nor there. At a moment of desperate danger one must do what one can. I think
that flight, even if it brings us to safety, is not in our interest. Every man born to
see the light of day must die. But that one who has been emperor should become an
exile I cannot bear … If you wish safety, my Lord, that is an easy matter. We are
rich, and there is the sea, and yonder our ships. But consider whether if you reach
safety you may not desire to exchange that safety for death.”
1 0
J U S T I N I A N A N D T H E O D O R A
The Empress Theodora, by Benjamin Constant (1887)
Theodora’s argument and her example carried the day. The riots were eventually quelled,
and the pair ruled as a team until she died in 548.
1 1
G R E A T S I N G O V E R N A N C E
1 2
J U S T I N I A N A N D T H E O D O R A
The Legacy of
a ‘Wise Prince’
O
ver the course of his reign, Justinian witnessed a plague that killed nearly 40
percent of the residents of Constantinople. His armies fought battles across
North Africa, Italy, modern-day Spain and Syria. He reformed the empire’s tax
collection system, expanded its military, and overcame the deadly Nika Riots. Despite
his many wise decisions and championing of virtuous causes, Justinian was not without
fault. He was short-sighted with his military budget - he over-extended and over-spent.
Some of his closest advisors became corrupt. Fierce violence was used to suppress the
Nika Riots and political enemies were silenced. But for Justinian, his legacy now lies in
what he did for the law and how it still impacts lives today.
Under Justinian’s guidance, one more enduring wonder was created: the Hagia Sophia.
When it was built in 537, the church was the world’s largest building and it remains an
architectural wonder. It shares some uncanny parallels with Justinian’s Code. Immense
work was required to complete them, and both took only five years to create. The Hagia
Sophia was erected on a site where an old church had once stood, and Justinian chose
to build something grander, upon the ruins. He did much the same with the Code: he
took the crumbling ruins of the Roman legal system and had it entirely rethought and
reassembled – an accomplishment, which, like the Hagia Sophia, remains with us today.
“…the laws of Justinian still command the respect or
obedience of independent nations. Wise or fortunate is the
prince who connects his own reputation with the honour or
interest of a perpetual order of men.”
- Edward Gibbon
1 3
Sources
Browning, Robert. Justinian and Theodora. Praeger, 1971.
Evans, J. A. S. The Empress Theodora: Partner of Justinian. Austin. University of Texas Press, 2002.
Freedman, Paul. “Constantine and the Early Church,” The Early Middle Ages, 284–1000.
https://www.youtube.com/watch?v=tcIuAJ-jaSg&list=PL77A337915A76F660&index=3.
Freedman, Paul. “The Reign of Justinian,” The Early Middle Ages, 284–1000.
https://www.youtube.com/watch?v=pbN8OTHecuI&list=PL77A337915A76F660&index=9
Gibbon, Edward. The Decline and Fall of the Roman Empire. Modern Library, 1983.
Humfress, Caroline, et al. “Justinian’s Legal Code,” BBC In Our Time, Recorded 6 Aug 2018.
Maas, Michael. The Cambridge Companion to the Age of Justinian. Cambridge: Cambridge University Press, 2007.
Potter, David Stone. Theodora: Actress, Empress, Saint. Oxford University Press, 2017.
Rosser, John H. Historical Dictionary of Byzantium. Scarecrow Press, 2012.
https://www.ancient.eu/Corpus_Juris_Civilis/
Image Credits
Cover: Basilica Cistern, Istanbul, Turkey, built by Justinian I in 532 AD / Shutterstock
Page 2: Benjamin Constant, Jean-Joseph. The Emperor Justinian. 1886, oil on canvas. The John and Mable Ringling Museum of Art, Sarasota.
Page 4: A gold ‘solidus’ coin / https://bertolamifineart.com/en/dipartimenti/numismatica/
Page 6: Justiniani Augusti pandectarum codex Florentinus, Curaverunt A. Corbino & B. Santalucia, (Firenze: Olschki, 1988)
Page 8: Tribonian, Relief Portrait by Brenda Putnam. 1950, marble. House Chamber in the U.S. Capitol / aoc.gov
Page 9: The Mosaic of Emperor Justinian 1 / Petar Milošević
Page 10: The Mosaic of Empress Theodora / Shutterstock
Page 11: Benjamin Constant, Jean-Joseph. La Emperatriz Theodora. 1887, oil on canvas. Museo Nacional de Bellas Artes, Buenos Aires. / Wikimedia.org
Page 12: Hagia Sophia / Shutterstock
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September 2020
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