Jewish Daily Life in Roman Palestine, 2010, 4, OCR
Jewish Daily Life in Roman Palestine, 2010, 4, OCR
Jewish Daily Life in Roman Palestine, 2010, 4, OCR
THEROMAN
PROVINCIAL
ADMINISTRATION
RUDOLF HAENS CH
1.
PRELIMINARY REMARKS
Between the first century CE and late antiquity, Judaea seems to have been quite a
wel1:.. known part of the Roman world based on the great number of literary sources
relating to this region: the first-century Jewish historian Flavius Josephus as weil as
a number oOewish and Christian texts written and edited between the second and
sixth centuries CE These authors provide a great deal of information concerning
..
the daily life of the inhabitants of Judaea, but they do not deal with all parts of the
population; for example, we do not know much about the citizens of the Roman
coloniae in Judaea (cf Belayche 2001) .. What is even more important in this regard
..
is the fact that the Jewish and Christian sources from late antiquity are not very
interested in Roman administrators and their daily routine.. Rather they are
concerned with issues and problems of daily life faced by the Jewish community
at the time of the Roman Empire's Christianization, and with the internal quarrels
of its Christian groups (for the specific problems of the interpretation of rabbinic
sources in our context see e.. g.. Goodman 1983: 5-14) .. In his work The Jewish War
72
govemors and then the first Jewish revolt against Rome-and not with the daily
administrative routine.
73
a member of the second ordo of the Roman society, an equestrian with the title
praefectus Iudaeae (for this period see especially Lemonon 1981; Schrer 1973-1987,
Thus, despite the large quantity of Jewish and Christian literary sources, in the
vol. 1) . The Roman administration was based in Caesarea, from where the prae
case of the Roman administration the most important sources are those which are
fectus visited Jerusalern and probably also other parts of his province, but only for
short periods (Haensch 1997: 227-28, 234-237) .
also found in other provinces, that is, inscriptions, especially those on honorific
monuments and those conceming building activities. But the number of these
sources is not only quite limited, they also iliuminate only certain aspects of the
a province in the fu1l sense of its meaning as, for example, the Baetica was, or
Roman provincial administration. They offer the names and titles of the govemors
was only a part of the province of Syria with a separate organization headed by the
if it
(and to a certain extent those of important members of their staff) and teil us
praefectus (see, for example, Cotton 1999: 75-81; Eck 2007b: 24-51; Lemonon 1981:
about their careers, the army as their most important executive basis, and their
59-115; Schrer 1973-1987, vol. 1: 357, 360) . Our knowledge of the early empire, its
building activity. In these inscriptions we hear almost nothing, however, about the
large provinces, and the lirnited beginning of the so-called equestrian administra
most important part of their activity, namely their jurisdiction (but see Haensch
2002: 326) , and we do not leam much about the impact of their activities on the
In any case, the praefectus held the most important rights of a provincial
daily life of the provincials. Thus we are quite weil informed about certain aspects
govemor, namely, the right to condemn people to death and the right to command
the first three centuries CE or the last three centuries of Roman rule has been
written. Hannah Cotton and Wemer Eck are currently working on a detailed study
aovemors of the first three centuries of Roman rule, and both have tackled a
of the '"
number of questions in this context in separate articles (see bibliography). But for
military units. During this period the army of the province consisted only of the
socalled auxilia troops, that is, units recruited from non-Romans: five cohortes and
one ala, about 2500 infantry and 500 cavalry men (Josephus, Bell. 3.66; cf. Ant.
20.176; Cotton 2007: 395; Haensch 1997: 237 n. 34) . Like other equestrian govemors,
the praefectus was the only authority in his sphere of responsibility, accumulating
all relevant powers, that is to say, the jurisdiction, the military command, and the
supervision of the financial administration (pace Eck 2007b: 42 ) . In provinces with
an overview in the English language we can refer only to the respective parts of
some general studies (see, e.g. Schrer 1973-1987, vol. 1; Miliar 1993; Sartre 2001 and
a senatorial govemor, on the other hand, these powers were divided between two
In this chapter I shall not deal with the administration of the neighbouing
provincia Arabia, even if a considerable number of Jews lived in its territory (as they
did in other provinces), and even though Cotton has argued that the behaviour of
the Jews living there towards the Roman govemment may have been typical of Jews
in the eastem parts of the empire (see, e.g. Cotton 1999 and 2002) . The govemors of
Arabia have been dealt with by Sartre ( 1982; see also Di Segni 1999: 166-178) , and
the administrative centres by Sartre ( 1985) and Haensch ( 1997: 238-244) The Jewish
documents were published by Lewis ( 1989) and Cotton and Yardeni ( 1997; for the
foilowing scholarly debate see, inter aha, KatzofffSchaps 2005) .
officials, each one appointed separately by the emperor: the senatorial govemor
If the praefectus of Judaea was subordinated to the govemor of Syria, this
probably meant only that the legatus Syriae could depose hirn in the case of grave
faults and could overrule his decisions in important matters. We know that the
legati Syriae did do so sometimes, but not often enough, so that some scholars
tried to explain these interventions with reference to special permissions by the
emperor. In any case, even if Judaea was only part of the province of Syria with a
special administration, like the Decapolis (Isaac 1981) and other parts of Syria
(Sartre 1999 ) , rather than a separate province, this political situation WOuld not
have made much difference to the lives of most of the provincials (conceming
the leading strata of society see Eck 2007b: 48 ) . The ethnic and religious
differences between the Jewish, Samaritan, and Heilenized pagan sectors of the
population, and the social tensions connected with them, would have mattered
2.
After Herod Agrippa I had for three years (from 41 to 44 CE) united those parts
of the Herodian kingdom which had been divided between the sons of Herod in
to them more.
... . . . . . . . ....
It was only after the expulsion of Archelaus in 6 CE that direct Roman rule was
po'r"hl;ol\prl in Tllrl::.P::' ::.nn S",m",ri<l. The new Dart of the empire was administered by
6 CE, from 44 CE onwards Judaea, Samaria and most parts of the Galilee were
administered again by an equestrian, now probably bearing the title procurator.
74
75
This title had become customary for governors of equestrian rank during the reign
79-82); it was a Roman colonia-Caesarea was promoted to this status after the
first revolt and perhaps even Roman veterans were settled there (Haensch 1997: 233,
In order to suppress the first Jewish revolt (66-70 CE) and to prevent another
revolt from developing, many more military units were necessary than had been
stationed in the province until 66 CE. Such a large number of units, and especially
the core formations of the Roman army, the legions, whose soldiers were Roman
n. 17; Eck 2007b: 192, 216-225)-and was therefore most suited to the needs of a
Roman governor; the lines of communication to Rome and other centres were
shorter in a harbour city; Caesarea was probably already considered ilie capital of
ilie province by the Romans (Tacitus, Hist. 2.78-4).
citizens, could be commanded by a senator only. Thus, Vespasian and the gover
On the other hand, the choice of Caesarea is astonishing because Jerusalern had
nors of Judaea from the late first until the third centuries came from this leading
been the traditional centre of the region. There the camp of the legion was
stratum of Roman society (for a list see Thomasson 1984-1990, vol. 1: 321-326,
established, whose direct commander the govemor. was. Yet similar conditions
vol. 3: 41-42; see further Eck 2006). To be more concrete, after the first revolt one
Noricum (Haensch 1997, especially 365-66; idem, 2004). Once the legion was
complete list of their units-two alae and seven cohortes-see Ri\ilD V 332 from the
year 90; cf. Cotton 200T 396) were left in the province.
stationed in Jerusalern, the govemor may have spent more time there than before.
Furthermore, the roads between Caesarea and Jerusalem (and also between other
if all
cities) were apparently ameliorated at that time (Eck 1984: 27-29; idem 2007b:
senatorial governors of the so-called 'Imperial' provinces had the same title, namely,
76-77) While the governor occupied the palace built by Herod, for the procurator
legatus Augusti pro praetore, there was an important difference between govemors
of provinces with two or more legions and those with a smaller military presence.
While the governors of provinces with two or more legions were senators of the
highest rank, originating from the former consuls, the governors of the rest of
a new praetorium was constructed at Caesarea (Cotton/Eck 2001; Eck 2007b: 94-96;
Haensch 199T 230-31; Patrich 2000).
Apparently, even a number of years before the Bar Kokhba revolt the Romans
got the impression that the number of soldiers stationed in Judaea was not
the provinces were chosen from the former praetors. Judaea was the first province
suffi cient. It was already during the time of Trajan, perhaps as early as 105/6 CE,
with only one legion-until then Roman provinces had either garrisons of two or
province (Eck 1984: 27-29, cf. idem 2007b: 104-5; on the legion see also Daris
2000: 359; Eck 2007b: 113-14). The number of auxiliary units was probably also
consular rank , and their legions had been commanded by senators of praetorian
increased at that time. Under the diplomata militaria from the later second
rank, appointed and discharged by the emperor but subordinated to the govemor
century (for a list see Eck 2006) we find two examples which list three alae and
for all matters of daily routine. Now there was one province where the govemor was
also commander-in-chief of the most important military formation (Thomasson
1973; Eck 2007b: 109-10). Perhaps these praetorian governors of Judaea were
subordinated to the govemors of Syria in ways similar to the equestrian governors
before them. Vespasian had, for example, also subordinated the praetorian governor
of Galatia to the consular legate of Cappadocia.
AB in the case of all imperial provinces with senatorial governors, the supervision
of the financial administration of the province was now dealt with by an equestrian
procurator, also appointed and discharged by the emperor and not subordinated to
twelve cohortes (CIL XVI 87 from 139 CE; EckiPangerl 2005: 101-3). Thus, even if
not all units of a provincial army are necessarily mentioned on a diploma
(sometimes there were no soldiers who had served for twenty-five years or
more in a specific unit), three alae and 12 cohortes were probably the whole
auxiliary garrison of the province. With the increase in the number of legions,
the rank of the governor was lifted. He was now chosen from the former consules.
Shortly before this reform the boundaries of the province had been extended by
including the land of Agrippa II (for a map see Tsafrir et al. 1994: 15).
From the Roman perspective, the necessity of
the govemor. Apparently there was already one in place at the time of the first
firmed by the Bar Kokhba revolt (for the ongoing debate on its significance, see,
most recently, Eck 2007a). The province which was now called 5yria Palaestina
needed a governor wiili much experience, especially in the military field. Therefore
a consular governor was appointed and about 24,000 soldiers stationed there to
would probably not want to lose its importance; some of the buildings erected by
keep the region in a peaceful state. Further consequences of the second Jewish
Herod were already used by the Roman administration, especially by the govemor
revolt were the shift of the centre oOudaism to Galilee, because of ilie high number
(Haensch 199T 230-31; idem 2004a: 315; Patrich 2000; Cotton/Eck 2001; Eck 2007b:
of Jews who had been killed or sold into slavery in the regions traditionally settled
by Jews. The number and significance of the Roman, Hellenized Greek, and
Samaritan inhabitants grew to a corresponding degree in the other parts of the
province.
These central elements of provincial government persisted until the late third
century. It was apparently only after the reign of Probus (276-282 CE) that an
equestrian combined both functions, those of the senatorial governor and those of
the financial procurator (Eck 2006: 256). A combination of these offices had existed
77
103) During his reign the governor of Palaestina Secunda also obtained the right to
the title of consularis (Di Segni 1995: 318 n.16). Apart from the titles designating
their function, the ranks of the governors were also specified in relation to the
ranks of the leading strata of society. Because these titles changed to a considerable
degree during the last three centuries of Roman rule,it is not useful to discuss them
in detail here.
in other provinces for some decades already. From the third century onwards, the
governor would use the administrative building of the procurator, whereas the
former palace of Herod was given up.
Probably some years later and under Diocletian at the latest, another important
change took place. The governor lost his military command,which went to the newly
created office of the so-called dux Palaestinae, who became the commander-in-chief
of the units ofPalaestina,and especially of the legio X Fretensis now stationed at Aila
(for examples, see PLRE vol. 1: 144 v. Bacurius, and SEG 31. 1496; cf. ibid. 35. 1537;
see also Di Segni 2004,especially 132-33 n. 7). As their principal residence,these duces
seem to have chosen Beer Sheva (Di Segni 2004: 132-33,in an article dealing with the
so-called Beer Sheva Edict). Perhaps at that time, and. certainly before 307 (Barnes
1982: 213-215,223; Kuhoff2001: 364-65),the boundaries ofPalestine were expanded in
the south to annex the Negev, southem Transjordan (up to the river Zared/ Wadi
Hasa) and the Sinai. Until then, these regions had been part of the provincia Arabia.
In 357/8 CE (see Barnes 1982: 214; PLRE vol. 1: 214) this huge province was divided
into two provinces, perhaps because it had become too difficult to administer:
Palaestina (Prima ?) and Palaestina salutaris, the annexed southem part of the
former provincia Arabia with Petra as its capital (for a list of the govemors of these
provinces in the late third and fourth centuries see PLRE vol. 1: 1108 and Eck 2066:
254-256; for the importance of Petra in late antiquity see Haensch 2004b and
especially Frsen et al. 2002,2007). Around 400 CE the northem part was further
divided into two provinces, Palaestina Prima and Palaestina Secunda, the last one
stretching from the area of the Jezreel valley and the Lower Galilee to the regions of
Pella and Gadara (for a map see Tsafrir et al. 1994: 17; cf. Dauphin 1998: 66-68). Its
capital became Scythopolis (Tsafrir et al. 1994: 16, 223). It seems that this form of
Roman organization of the province continued until the Islamic conquest (for a list
of the governors of the
fifth and sixth centuries see PLRE vol. 2: 1286 and PLRE
vol. 3: 2: 1490-91, cf. di Segni 1995: 317-322 and 1999: 166-178; a number of inscrip
tions,especially from Scythopolis mentioning govemors are still unpublished).
While the governors of Palaestina Secunda and Palaestina Tertia were normally
only called governor (praeses), those of Palaestina Prima could use the title
consularis up to the 370S, and afterwards the even more prestigious title of procon
suL This was because Palaestina Prima contained the core of the region of Palestine
and, even more important, enclosed many famous Christian monuments. The
privileges of the governor of Palaestina Prima were enlarged by Justinian (Novella
......... .
The Roman governors were not alone in dealing with the administration of their
province (see generally Haensch 1997: 710-726; Rankov 1999; for late antiquity:
Palme 1999). The govemor had, first, his slaves and freedmen at his disposal
(Eusebis of Caesarea, Martyrs of Palestine 11.24), who were not only in charge
of certam aspects of his private life but also often served hirn in confidential
matters. Sometimes his family accompanied
were usually taken only after a council of officers and socialiy eminent people had
convened (Josephus, Ant. 20.117; Acts 25.12). Some of them held a permanent
membership in this council. They were paid as so-called comites praesidis by the
Roman state and came and went with the govemor by whom they were appointed.
References in the te.,"us of Gregory the Wonderworker (3rd century CE) show that
these officials would have been accompanied by their respective family members
and servants (Panegyric to Origen 65-72).
The most important part of the personnel of a governor,at least of the senatorial
govemors of the late first to third centuries CE, came from the units of the
provincial army. For a certain period during their time of military duty, a number
of soldiers were delegated to the staff of the govemor and became so-called
From the legions the soldiers with the more important tasks, and especially the
lil
sixty beneficiarii as all-round officials, often sent out to other place than the apital
.
of the province (AE 2003: 1807), frumentarii (AE 2003: 1805), that lS, em1ssanes for
special missions (but not agents of a secret service), a few quaestionarii as torturers
.
(cf. Pesiqta de Rav Kahana cited by Lieberman 1944: 28-29), an uncertam number
of exceptores and librarii for the real writing work, quite a number of stratores
under the command of a centuno strator, who dealt with the govemor's horses, etc.
Without doubt the number of functions in such an officium would have expanded
durina the Hiah Empire (and therefore the number of officiales in general). For
imprisonment, seems to have been added only in the later second o th1rd
centuries. As already shown implicitly, in the case of Judaea, these OffiClalS are
mostly documented by inscriptions from Caesarea, published in the last yea s
especially by Eck and Cotton and collected in the annual volumes of Annee
Epigraphique
(AE).
From the auxiliary units came the guards of the govemors, the singulares, some
of whom were mounted on horses. Several hundreds of such soldiers had to
accompany and protect the govemor during his various duties, so
rr:e
of them
.
.
The equestrian procurator was supported by an imperial freedman Wlth the htle
procurator, who acted as his second, and by an unknown number of the emeror's serfs
and freedmen who worked as tabularii (clerks and accountants), dIspensatores
and arcarii (cashiers) etc. (Boulvert 1970; idem 1974; Haensch 1997: 725-26; Weaver
1972). He also had some soldiers delegated to hirn, probably as a sign of reverence
and to protect hirn. We know of a monument erected to one of t e procuat rs
of Syria Palaestina by a centurio strator, that is, the commander of hlS equernes, at
Caesarea (Lehmann/Holum 2000, no. 7, cf.
AE 1985. 829
Lehmann/Holum 2000,
nO4)
Late antiquity, and especially the reign of Diocletian, also brought about a
number of changes amongst the administrative staff (Palme 1999) working in the
three sections of Roman Palestine. The most important ones were the unmcation
of the officia of the legatus and of the procurator to one officium, de ing now wi
jurisdictional and financial matters, and the end of the former prachce of recr:ut
ing these officiales either from the army or the familia Caesans. Even if the officrales
of late antiquity were nominally part of the Roman army, they no longer had any
military background. The govemor's palace of t..hat time provides interesting
inscriptions from the financial department, which not only name different ranks
of officiales (Lehmann/Holum 2000, no. 90
already used phrases from the New Testament to encourage obedience to the
provincial administration (Lehmann/Holum 2000, no. 88-89)
79
juridical duties were without doubt the most important part of the tasks of a
governor. Thus, the typical presentation of a govemor, at least during the third and
following centuries, was that of a judge sitting on his high tribunal (Eusebius,
Martyrs of Palestine 7.7). People are shown waiting for their trials before the
praetorium (ibid. 7. 1). If one was accused, one could not escape from the com
mentarii (cf. Sifre Num. 180, 1:21, Pinhas 134 referred to by Goodman 1983: 166
n. 144; for commentarii in general see Haensch 1992: 209-245).
80
social background, their tasks, and especially their role between the different
religious groups and leaders living in the province.
The use and interpretation of rabbinic sources for the historical investigation of
various aspects of Roman rule in Palestine is a very complex task because of these
texts' a-historical nature,that is,the impossibility to date them accurately,and the
prevalence of indirect allusions rather than direct references to historical events
and personages (see generally Goodman 1983: 5-14). Therefore interdisciplinary
approaches,in which classicists,ancient historians,and scholars of rabbinic litera
ture cooperate and share their respective expertise,seem to be the most appropriate
way forward.
griechischer Urkunden aus Aegypten no. n043, translated in Eck 2007b: 149; for an
interpretation see Haensch 1992: 274 n. 186) shows how such a veteranus tried to
obtain the right to a piece of land which apparently had been part of his pension.
Both of these papyri are typical in a certain way: if one wanted to get the
Roman administration involved in one's problems,one had to directly approach
the responsible officials. Otherwise,provincials would have had difficulties gain
ing these officials' attention. The Roman authorities were primarily interested in
keeping peace, collecting taxes, and supporting the local administrators if they
encountered problems. From a legal point of view,the governor had to decide the
most important criminal cases. But if he was not informed of such cases, he
would not take any action on his own initiative. While the Greek and Roman
sectors of the population would not normaily have had any problems in ap
proaching the governor, at least after 136 CE some Jewish provincials may have
refrained from doing so (but see Gen. R. 49:9: 'R. Yehudah b. R. Shimon said: rIn
i
the case of) a mortal, one can hang up [i.e. announce} against hirn an app'eal,
from the commander [dux} to the prefect, from the prefect to the commander in
.. . ..... . . .... . . .. . . . .. .
..
..
SUGGESTED READING
.. .. ..
..
The most comprehensive work dealing with the history of Roman Palestine from
tlIe first century BCE to the second century CE is the revised English edition of
Schrer (1973-87). Cotton and Eck have advanced our knowledge about tlIe Roman
administration in Judaea/Syria Palaestina, especially during the second and third
centuries CE, in a number of studies,which are partly summarized by Eck (2007b).
Jones (1964) remains the most comprehensive survey of late antiquity. Compara
tively little research effort has been devoted to the functioning of the Roman state,
especially in the provinces,during this period (Slootjes 2006 collected only a part of
the relevant material; for a number of studies dealing with specific problems see the
journal Antiquite Tardive 6,1998 and 7,1999).
chief '; see also ibid. 64:10 and b. Meg. 29a for rabbis' awareness of the possibility
of such appeals).
ABBREVIATIONS
5.
AE
BE
Generally speaking,the history of Judaea as a province in late antiquity is a topic
which has not yet been weil researched. We do possess a number of studies that deal
with the specific problems and internal quarrels of Jews and Christians in Judaea
during that time. But not much research has been done on the administrative
structure of the province and the more 'secular' aspects of its history. For example,
one could examine the situation of the governors of late antique Palestine: their
PLRE
82
BIBLIOGRAPHY
Jovene.
31
BC-AD
COTTON, H. (1997). 'Die Papyrusdokumente aus der judischen Wste und ihr Beitrag zur
Erforschung der jdischen Geschichte des 1. und 2.Jh. n. Chr:. Zeitschrift des Deutschen
Reichen: "Neues Testament und Rmische Herrschaft, ed. M. Labahn and J. Zangenberg.
Tbingen: Mohr-Siebeck,5-20.
The Impact of the Roman Army (200 BC-AD 476), ed. Lde Blois andE. LoCascio. Leiden
and Boston: Brill, 393-407.
-- and ECK, W. (2001). 'Governors and tlleir Personnel on Latin Inscriptions from
Caesarea Maritima'. Proceedings of the Israel Academy of Sciences and Humanities 7:
215-240.
-- andECK,W. (2005). 'Roman Officials in Judaea and Arabia and Civil Jurisdiction', in
Law in the Documents of the Judaean Desert, ed. R. Katzoff and D. Schaps. Leiden and
Boston: Brill, 23-44.
-- and ECK, W. (2006). 'Governors and tlleir Perso=el on Latin Inscriptions from
Caesarea Maritima'. Cathedra l22: 31-52.
COTTON, H'/YARDENI, A. (1997). Aramaic, Hebrew and Greek Documentary Texts from
DARIS, S. (2000). 'Legio IITraiana Fortis',inLes legions de Rome sous le Haut-Empire, vol. 2,
Archaeopress.
cellerie', in Herrschen und Verwalten: Der Alltag der rmischen Administration in der
Hohen Kaiserzeit, ed. R. Haensch and J. Heinrichs. Cologne, Weimar, and V ienna:
Bhlau, 27I-287.
Urban Building inLate AntiquePalestine and Arabia',in The Roman and Byzantine Near
Arabia, 4th-7t11 c.', in: The Roman and Byzantine Near East: Some Recent Archeologlcal
Research, vol. 2, ed. J. Humphrey. Arm Arbor: Journal ofRoman Archaeology, 149-178.
(2004). 'The Beersheba Tax Edict Reconsidered in tlle Light of a Newly Discovered
_/PATRICH, J.!H OLDM, K. G. (2003). 'Schedule of Fees (sportulae) for Official Services
(199S).Die Verwaltung des Rmischen Reiches in der Hohen Kaiserzeit, vol. 2. Basel and
-- (2oo7a). Rom herausfordern: Bar Kochba im Kampf gegen das Imperium Romanum,
Rome: Unione Internazionale degli Istituti di Archeologia,Storia e Storia dell'Arte in
Roma.
-- (2007b). Rom und Judaea: Fnf Vortrge zur rmischen Herrschaft in Palaestina.
Tbingen: Mohr Siebeck.
-- and PANGERL, A. (2005). 'Neue Militrdiplome fr die Provinzen Syria und Iudaeal
Syria Palaestina'. Scripta Classica Israelica 24: 101-US.
-- (2006). 'Eine Konstitution fr die Truppen von Syria Palaestina aus dem Jahr 158'.
FRSEN, J. et al. (2002,2007). ThePetra Papyri, vol. I, III. Anlman: The AmericanCenter of
Oriental Research.
A. D.
Allanheld Publishers.
HAENSCH,R. (1992). 'Das Statthalterarchiv'. Zeitschrift der Savigny-Stiftung fr Rechts
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(1997).
Valentinien Ier, Actes du Congres de Lyon (l2-14 septembre 2002), ed. Y. Le Bohec and
C. Wolff (ed.),Lyon: De Boccard, 525-53l.
-- (2006). 'La gestion financiere d' une province romaine: les procurateurs entre resi
dences fL-x:es et voyages d' inspection', in La circulation de l'information dans les etats
representaci6n deI imperio romano, ed. J. Santos Yanguas and E. Torregaray Pagola.
Vitoria: Universidad del Pais Vasco, 265-276.
84
JONES,
KATZOFF,
Brill.
KENNEDY,
CHAPTER 5
LEWIS, N. (1989). The Documents !rom the Bar KokhbaPeriod in the Cave of Letters, vol.
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LIEBERMAN,
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JILL HARRIES
--
--
ings of the Twelfth World Congress of Jewish Studies. Division B: History of the Jewish
People. Jerusalem: Magnes Press, 35*-44*.
RANKOV,
--
WEAVER,
ROMAN Palestine is unique in the diversity and complexity of its sources for its legal
system and the settlement of disputes. Many written sources, as elsewhere in the
Roman world, reflect upper-dass perspectives. The Roman jurists who commen
tated on provincial jurisdiction were themselves members of that upper dass and
wrote ithin a legal tradition which did not always reflect changing realities 'on the
.
ground . In Palestme the works of the historian Flavius Josephus are all-important
as source material, but he is also in many respects biased. More significant is the
extensive rabbinic literature, which represented the rabbis as, in some sense,
adjudicators with courts or as informal legal advisors and judges. As we shall see,
there is little consensus as to how this literature should be read as evidence for the
realities of dispute settlement. In addition, there are increasing numbers of papyri,
otably from the so-called Babatha Archive, which provide an alternative perspec
tlve to that provided by both the Roman and rabbinic sources.
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JUDICIAL DIVERSITY
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