기독교가 서구 법의 발전에 끼친 영향에 관한 小考 - 고전 후기 시대의 로마법에서 중세 캐논법까지의 논의를 중심으로 -

The purpose of this study is to rediscover the influence of Christianity on the development of western Legal tradition. The span of time I cover includes the centuries between the Roman law of the postclassical period and the canon Law of the middle ages. In the age of the Roman Empire, with the conversion of the Roman emperors to Christianity in the 4th century, Under the influence of the Christianity Christian emperors reformed the law of slavery . In the Byzantine period, Leo issued the Ecloga in Greek instead of the traditional Latin, so that it could be understood by more people and utilized by judges as a practical legal manual. Leo revised it in the spirit of “greater humanity” and on the basis of Christian principles. Equal punishment was prescribed for individuals of all social classes. In an attempt to eliminate bribery and favouritism, the code provided salaries for officials in judicial service and forbade the acceptance of gifts. From the 5th to 10th centuries, the rulers of many of the major tribal people, after their conversion to Christianity promulgated written collections of the tribal law and introduced various reforms. The church in those centuries sought to limit violence by establishing rules to control blood feuds and established the so-called peace of God and the so-called truce of God. From the 11th to 13th centuries, the church sought to abolish the trial by ordeal. The canon law of the middle ages was the first modern legal system of the West, and it prevailed in every country of europe. alongside it there emerged various types of the secular law. canon law stimulated secular authorites to transform tribal and feudal custom and to create their own legal system.