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LAW IN THE MEDIEVAL WORLD - Coggle Diagram
LAW IN THE MEDIEVAL WORLD
Middle Ages
dramatic developments
co-existing legal systems
"Dark Ages"
Personality of Law
coexistence of different legal orders in the same territory
germanic people believed in the political liberty(in contrast to the romans)
the power was not sacred, it was a practical necessity
Custom
law of the germanic tribes who entered the Roman world
primitive system
Judicium Dei: judgement of supernatural forces
Acceptance of Christianity
the german accepted the Christianity in its arian form
Arianism: elaborated by Arius who deemed that Christ was divine because je was created by God, therefore he was inferior to his father
Custom
originally the most importance source of European law
unwritten law, oral
rules of conduct which developed within the groups
privilege
equity was not a value in a pluralistic system
the existence of customary rules was deduced from the practice and behaviour of people
two elements
Diuturnitas
material element
duration, consistency, repetition of practice
fundamental to verify the existence of customary law
Opinio iuris as necessitatis
belief that an activity is legally obligatory or forbidden
psychological element
the law was not the expression of a superior will, it was behaviour itself
Legal systems in force
Romani: they lived according to Roman Law
Franks, Burgundians,etc.: they lived according to their tribal law
a body of law which grew up under the will of the Carolingian law-giver kings: a modern approach
Law of the Church
leges feudorum: rise of the feudal class
Ius mercatorum