Some Observations on Tree Protection in Roman and Byzantine Law

This paper discusses some legal provisions on tree protection in Roman law and examines their transition into Byzantine law. The protection of cypresses in the area Daphne of Antioch and the protection of forests, of vine trees and of the view to the gardens and mountains will be discussed. The Romans and Byzantines did not develop a legal programme on what we nowadays would call “environmental law”. The majority of Roman and Byzantine rules on tree protection do not aim at protecting nature as such but have rather economic motives, and in most cases they concern the protection of private property. In a few cases, however, the Romans and Byzantines not only admired a beautiful natural environment, as the examined legal sources show, but also attempted to secure such an environment through legal means.