Isidore de Séville et la construction d’une culture juridique commune au début de l’Europe médiévale

Author(s):  
Luca Loschiavo

This paper explores Isidore of Seville’s definitions of legal terms and Roman law concepts during the early Middle Ages. While Isidore was not a lawyer, he played a crucial role on the development of both legal theory and more technical aspects of the law such as legal procedure. Combining elements of Roman and Jewish-Christian traditions, Isidore’s definitions were of the utmost importance during the long period leading to the dawn of the School of Bologna.

2021 ◽  
pp. 258-277
Author(s):  
Olga Tellegen-Couperus

How did Quintilian regard the relationship between rhetoric and law? It is only in the last book of his Institutio oratoria that Quintilian deals with this question. In 12.3 he states that the well-educated orator must have a broad knowledge of the law so that he will not be dependent on information from a legal expert. In the course of the book, Quintilian shows that he himself was well acquainted with Roman law for he often explains rhetorical technique by giving legal examples, and these examples deal with a wide variety of topics and refer to a wide variety of sources. The topics include criminal law and private law, particularly the law of succession, and legal procedure. The sources range from speeches by Cicero to fictitious laws and cases. Quintilian regarded rhetoric as superior to law but he will have agreed with Cicero that rhetoric and law were partners in dignity.


2021 ◽  
pp. 468-498
Author(s):  
Rosamond McKitterick

Both the Christian empire of Charlemagne and the subsequently hugely influential imperial ideology of the early Middle Ages were rooted in the Roman past. This chapter addresses the reality of the early medieval empire and the ways in which it was represented by contemporaries for posterity. It examines the career of Pippin III, the first king of the Carolingian dynasty, and the expansion of the Carolingian Empire under his illustrious son Charlemagne, by both design and chance, to embrace most of western Europe. This vast realm was governed by an elaborate and efficient political and administrative system in which both lay and ecclesiastical magnates played a crucial role. This system of governance was maintained even within the smaller political units of the later ninth, tenth, and eleventh centuries. The Latin Christian culture initially promoted by Charlemagne, moreover, is the most enduring legacy of the medieval empire to the Western world.


Author(s):  
Claudia Storti

Between the twelfth and fifteenth centuries several issues led jurists to rethink the international legal order established in the Roman Empire and the Early Middle Ages. The first was the need to update the list of the law of nations legitimate subjects after the birth of the commune that had not been accounted for in Roman-law sources. The second was to recreate a superior and universally shared set of ‘public’ law rules for international relations to counteract the tendency of communal and monarchical governments to consider the law inter gentes as a form of internal law. In order to address this issue Bartolus of Sassoferrato adapted the Roman category of ius gentium to the features of the medieval geopolitical context. Other topics focused on defining the enemy, freedom of peoples, and treaties among unequal subjects, while the theory of ius gentium of Alberico Gentili was fully rooted in the medieval and early modern legal tradition.


1994 ◽  
Vol 37 (3-4) ◽  
pp. 39-45
Author(s):  
Witold Wołodkiewicz

The problem of Greek influence on the creation and the content of the Twelve Tables appeared several times in Roman lawyers’ records. Amongst few jurists, Pomponius wrote about the influence of Greek cities law on the Twelve Tables in the famous fragment on the history of Roman law from his Enchiridion (D. 1,2,2,3-4). Accursius gave an ample gloss to the fragment. He cites an anecdote on the creation of the Twelve Tables: „Greeks had delegated a wise man to visit Rome in order to estimate, after a discussion with its inhabitants, whether they are mature enough to be presented with the law that was prepared. Romans reached the decision that a fool should confront the Greek: there would be no damage to them if he lost, they thought. Obviously, both had to speak by signs. „The Greek started the duel raising one finger what meant that he believed in one God. The Roman took it as an attack on his eye and showed two fingers, which made three with his thumb, in order to be dangerous for both eyes of his adversary. However, the visitor understood the gesture as an acceptance of faith in one God with addition that He is triune. Referring to that, the Greek showed an open palm - it signified that everything is known to the Almighty. Yet, the fool thought that it is to strike his hand and raised the fist to demonstrate that he was going to defend himself. The wise man from Greece understood it as a statement that God has human fortune in His hand and reigns over all affairs of this world. „After this conversation, the Greek concluded that Roman society is developed in the degree they can be gifted with the prepared statue” . The story is one of the first notes on Greek influence on the Twelve Tables. It shows the total lack o f historic perpsective that was shared by glossators in the Middle Ages. The article contains also some references to the historiography of the Greek influence on the Twelve Tables.


Author(s):  
Reinhard Zimmermann

What is today referred to as ‘compulsory portion’ or ‘forced heirship’ was subject to a very complex regulation in Roman law. The development went from family succession to freedom of testation and subsequently led to the establishment of a balance between the testator’s freedom of disposition over his property and the ‘natural claims’ of his closest relatives to benefit at least to some extent from the estate. In the process, the Roman lawyers developed a number of interesting ideas, among them, in particular, protection of descendants by means of form requirements; the availability of a querela inofficiosi testamenti (complaint concerning an undutiful will); and the establishment of a minimum quota to which a testator had to appoint his closest relatives (‘legitima’) as well as the introduction of an actio ad supplendam legitimam for cases where the testator had failed to do so. Justinian also saw the necessity to provide for the testator’s widow; she could, under certain circumstances, demand one quarter of the estate by way of statutory legacy. Unfortunately, Justinian, in his Novel 115, failed in his attempt to simplify and streamline the law. From its inception in the High Middle Ages, therefore, legal scholarship based on the ius commune was faced with considerable difficulties in the application of the Roman rules.


Author(s):  
Kriston R. Rennie

The law of monastic exemption is seldom viewed through an early medieval lens. Overcoming this historiographical problem, this chapter defines the character and growth of monastic exemption in a period comparatively lacking in legal expression and rhetoric. It examines how it operated, how it was defined, and what it meant to contemporaries. In what ways did its early practice shape later canon law? What were the precedents which framed later legal developments? To advance our understanding further, the technical form of exemption is stripped down to its constitutive elements. This methodological approach offers a richer understanding of monastic exemption in the early Middle Ages, in turn revealing its inherent value to the papacy in making concessions to the law over many subsequent centuries.


2021 ◽  
Author(s):  
Samir Manić ◽  

The paper discusses the impact of the reasons for the commitment on the validity of the contract. Due to the fact that most institutes of modern law find their origin in Roman law, the paper begins by presenting the role of the cause of obligation in Roman law. The author then analyzes the causal and anti-causal views of legal theory, all in order to emphasize the fact that the cause of the contractual obligation is theoretically a very controversial institute of the law of obligations. The last part of the paper is dedicated to the cause of contractual obligation in our contract law. Starting from the fact that the Law on Obligations accepts with its provisions the subjective and objective conception of the cause of the contractual obligation, the author points out that the objective conception of the cause of the contractual obligation, accepted through art. 51. ZOO, is a redundant institute that has no greater practical significance and which is successfully replaced by other institutes of law of obligations.


Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Mikhail Zemlyakov

The article deals with several law codes of the early Middle Ages, namely the Law of Frisians, the Law of Saxons and the Law of Thuringians. The article basing on these juridical texts illustrates, that despite of the military pressure and the violent christianization of the Frankish conquerors in the 6th — 9th centuries in the Rhine bassin, tribal laws fixed in the reign of Charlemagne (768—814) continued to rely on the North Germanic languages, traditions of trial, social ranks and system of punishments. At the same time, the paper contains an analysis of the Frankish impact on the legal space and trial of the North Germans as well as of the direct and indirect influence of the South Germans (Allemanni, Bavarians), of the Langobards and of the Anglo-Saxons.


2017 ◽  
Vol 4 (1) ◽  
pp. 47 ◽  
Author(s):  
Marina Vokić Žužul ◽  
Božena Bulum

This paper presents the principal characteristics of the development of the law of the sea in the Mediterranean, from the initial historical sources to the Third UN Conference on the Law of the Sea (1982). A centuries-long process of creating that law, which applies to all seas, the authors analyzed through the prism of its application in the Mediterranean marine spaces ‒ from the time of the Roman law and its free use of the sea for all, the lordship over the sea by the feudal sovereigns (states) in the Middle Ages, until the first traces of the contemporary law of the sea in the 17th century and codification efforts in the 20th century. A special attention is paid to the complexity of the genesis of the legal regimes and boundaries in the Mediterranean Sea.


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