Roman law, Germanic invasions, Justinian, Corpus juris civilis, Church, High Middle Ages, Frankish period, customary law, Visigoths, Breviary of Alaric
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Abstract
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Abstract
The Roman heritage in law persisted despite the fall of the Roman Empire and Germanic invasions, thanks to compilations of Roman laws and the Church's role in preserving Roman law.
Extract
[...] A law particularly fragmented and unstable at the beginning of high Middle Ages If the law is particularly fragmented in the first centuries of the High Middle Ages, it is undoubtedly due to the multitude of customs that pre-existed. This plurality was therefore reflected in the law Moreover, the latter was not stable over time A. Des differences customary reflected on the law Each barbarian tribe, before the 5th century, was governed by oral customs. It was at the time of their installation that Germanic law was put in writing. [...]
[...] The paradoxical maintenance of Roman heritage in law, despite the barbarian invasion Paradoxically, with the fall of the Roman Empire, the Roman heritage in law remains despite the Germanic invasion. This is confirmed by the Justinian codifications Furthermore, Christianity has also played a role in maintaining this heritage. A. The period of codification under Justinian: restoration of classical law During the Germanic invasions, Roman law will survive more or less thanks to different compilations of Roman laws that were ordered by the various Germanic kings. These compilations were intended to help judges know which law to apply. The Roman laws will be mixed with the Germanic laws. [...]
[...] The conversion of King Clovis to Christianity will also allow the Frankish kingdom to rally a large part of the Roman population who were already adherents of this religion. Religion has therefore been one more tool in the Germanic conquest. But it is also through it that Roman custom was able to penetrate the legal sphere. « The canonical legislation of the Carolingian period is deeply marked by this collaboration between political power and the hierarchy of the Church ( . just as it is influenced by the intellectual renewal that the period experiences ( . )3. [...]
[...] The High Middle Ages will see the rise of the Germanic kingdoms following an invasion, mainly by the tribe of the Franks, with Clovis at its head. He will later become the king of the Franks. Germanic presence will therefore be felt on the political level, but this change will also affect the legal level. More precisely, law will be used as a tool in the geopolitical struggle. Law will also allow the organization of the new society that emerges. [...]
[...] These needs were both political and social. In fact, the emergence of new barbarian kingdoms implied that the concerned kings could establish their authority. Thus, they had the will to make the initially heterogeneous territories homogeneous through codification. However, in order not to provoke resistance, the maintenance of local customs was sought. From a purely pragmatic point of view, the law had a very high degree of flexibility in order to respond to disputes between individuals. The rules were therefore abstract and used to ensure social stability. [...]
