Judgment Day: How Christian and Secular Influences Reformed the Laws of Late Antiquity, and Lessons for Modern Australian Law

<p dir="ltr">To effectively reform laws, their underlying foundations and purposes must first be understood. This thesis explored the Christian and secular influences on Roman legal reform in the fourth to sixth centuries and investigated whether those reforms remain reflected in Australian law. Existing research contains gaps on the causes of reforms in late antiquity and comparisons between ancient Roman and Australian law, while failing to utilise interdisciplinary and comparative analysis methodologies to produce contextualised understandings of reform. This study applied a comparative legal analysis using an interdisciplinary approach and case studies of women, children, and the poor. Analysis of ancient laws yielded seventeen reforms within scope which are comparable to modern Australian laws. These reforms were explored in terms of their contemporary influences, their social and economic context, and their alignment with Australian laws.</p><p dir="ltr">This research found evidence that Christian sources had a disproportionate influence on the identified reforms, particularly as they affected women, children, and the poor, while secular sources also contributed. This research corroborates the academic consensus that Roman and British (and by extension Australian) law are fundamentally different systems. However, there is a far greater connection between Roman and Australian law than previously acknowledged. This research offers key insights into the general process and methods of reform: groups without significant power may still achieve law reform; and reform is a complex, interconnected series of social shifts which lay the groundwork for legislative changes. The study creates benefit for lawyers and public servants by demonstrating the value in using the historical purposes and underpinnings of laws to more effectively reform their modern equivalents. This project illuminates opportunities for future research into additional case study groups, targeted examination of particular laws, how to integrate classics into legal studies, how groups can collaborate to negotiate legal reforms, and the separation of church and state within legal systems.</p>