Laws about Jews in the Theodosian Code

Roughly half of the extant Roman legal texts involving Jews come from the Theodosian Code, a late-antique codification of Roman imperial law spanning the period from Constantine (r. 306–337 CE) through Theodosius II (r. 402–450 CE). The code—which includes legislation specifically regarding Jews—remains a vital source for learning about Jewish social, economic, and religious concerns during the period of the Roman Empire. Book 16 is of particular interest, as it deals not only with Jewish concerns but also with heretical groups, which posed a challenge to an emerging Christian orthodoxy. In fact, book 16 seems to be unprecedented in terms of official legal determinations that state which religious groups and practices were considered legitimate. Since the code reflects an era during which Judaism was legally protected as a legitimate religion and Jews were considered Roman citizens, the laws performed a dual function of subjecting Jews to imperial laws in Roman civil and criminal matters even as they relegated specific religious matters to the jurisdiction of Jewish courts under the supervision of the patriarch.

Overall, the legislation pertaining to Jews can be divided into three general categories: Jews and their political rulers, Jews and non-Jews, and internal Jewish relations. While there is some disagreement among scholars regarding the extent to which these laws reflect the real circumstances of Jewish communities within the empire, and the extent to which Jews were marginalized by the fifth century CE, it is generally agreed that the Theodosian Code by and large represents the official political and religious orientation of the Roman emperor toward Jews and other non-Christian groups. However, anti-Jewish outbursts, reflected in events such as the burning of the synagogue at Callinicum, a busy commercial Roman town near the Euphrates River, in 388 CE, did not always result in satisfactory legal penalties, indicating that the official protections for Jews provided by the Theodosian Code were not absolute safeguards against acts of Christian anti-Judaism.