Roman law, canon law, barbarian laws, High Middle Ages, Lex Gundobada, Breviary of Alaric, Leges Langobardorum, Theodosian Code, Justinian, ecclesiastical law, legislative codes
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Abstract
This dissertation explores the development of law from 476 to the end of the 9th century, highlighting the Roman legacy, barbarian laws, and the emergence of canon law.
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[...] The persistence of Roman influence in law A. The important heritage of the Roman Empire 476 marks the end of the Roman Empire. The Empire will then be divided among several barbarian kingdoms. Despite the invasions and the fall of the Empire, the Roman legacy does not disappear. It is multiple: political, administrative and political. We can see it in the Kingdom of the Franks through the persistence of political regimes and Roman titles, when Clovis takes power in the kingdom in 507, it is a monarchy and he is recognized as Roman Consul. [...]
[...] A law with multiple sources A. The formalization of barbarian laws In addition to the Roman legacy, the territories of the former Western Roman Empire benefit from a legal legacy imported by the barbarians. The Germanic rules of law are known to form an autonomous set of rules and practices that the barbarian kings decide to preserve. These rules of law have the particularity of not being attached to the territory, they are determined according to the individual, their ethnicity or their "race". [...]
[...] Canonical legislation is defined as a set of rules, ordinances, or regulations taken by the ecclesiastical authority. During the Carolingian period, what is called conciliar legislation developed (issued by councils of bishops questioning certain issues of Christendom and society). In the 9thsecond century, new legal sources called episcopal or diocesan statutes appear, which allow bishops to be legislators in their diocese and also to regulate the law of clerics and laymen. Conclusion In short, the evolution of law during the High Middle Ages (end of the 5th century)ème au IXème The 5th century) will be marked by the multiplication of sources of law, marked by a strong Roman heritage that affects both the West and the East, the appearance of barbarian laws based on the person rather than territoriality and finally the emergence of canon law resulting from ecclesiastical struggles to recognize their political power. [...]
[...] The emergence of a canonical and religious law During the High Middle Ages, the Frankish kingdom expanded to the east, absorbing southern territories that were adherents of Christianity. This political enterprise could be carried out with the support of the ecclesiastical institution, sealing the alliance between the secular power and the ecclesiastical power. This alliance continued during the various Frankish dynasties under the Merovingians and gained even more significance under the Carolingians from 751, with the coronation of Pepin the Short. The dimension of the coronation symbolizes the divine choice. [...]
[...] History of Law (3rd ed.). Presses Universitaires de France. GAUDEMET, J. (2024). ROMAN LAW : Survival and persistence of Roman law. Encyclopædia Universalis. https://www.universalis.fr/encyclopedie/droit-romain/3-survie-et-persistance-du-droit-romain/ Unjf. (2024). UNJF Historical Introduction to Law. [...]
