Visigothic Code

Leges Visigothorum (Laws of the Visigoths ) are not a contemporary term for the numerous Visigothic legal records of Late Antiquity and the Early Middle Ages. The additional gear Visigothorum in which connect Germanic, Roman and Christian ideas of law, are the most important cultural achievement of the Visigoths in Spain and had partially until the 20th century legal force. The text is written in Latin, but contains Germanic fragments.

The Visigothic law-making

As the oldest Germanic legal settlements that have been handed down in writing, the Edictum Theoderici and the Codex Euricianus from the second half of the 5th century apply. When Edictum Theoderici it is likely to have been a rather limited substantive law decree no lasting importance, while the Codex Euricianus could have been the first Germanic tribal law, and possibly with the formal independence of the Visigoth kingdom of the Roman Empire in 475 coincided. The Codex is undoubtedly one of the Visigothic legal records and was probably adopted by King Eurich; however, the authorship of the Edict is controversial: earlier and later again it was the Ostrogothic ruler Theodoric attributed the Great, after the Visigoth king Theodoric II (brother of Eurich ). The Codex Euricianus is preserved fragmentarily in a Parisian palimpsest of the sixth century, which begins with a chapter 276 and ends with a chapter 336. The Codex added as a summary of the late Roman vulgar law, the Lex Romana Visigothorum ( "Roman Code of the Visigoths " ) of 506, also called Breviarium Alarici ( anum ).

Comprehensive legal records occurred under King Leovigild and among the kings Chindaswinth and Rekkeswinth ( Liber Iudiciorum - "Book of judgments "). Leovigild reform that might fall into the peace period after 576, is delivered directly, but attested by Isidore of Seville. The Liber Iudiciorum (probably started by Chindaswinth and adopted by his son Rekkeswinth 654 ), however, survives in two manuscripts and two fragments and also allows for the reverse engineering of previous provisions by 319 as antiqua ( " old " ) designated parts are attributed to Leovigild. Whether behind older text levels or hide it between temporal revisions, can not be determined; in any case, there are in addition to the antiquarian rules, only those that have been adopted by successors Leovigild. The Liber Iudiciorum was the most comprehensive legislation in the Visigothic kingdom. His 500 laws passed from the base code of Leovigild ( 300 laws) and the additions Chindaswinths and Rekkeswinths ( around 100 laws). The laws were also systematically divided into 12 books and several partial books again. It gathered procedural law, private law, criminal law and also to some extent public law. The Liber Iudiciorum applied to all inhabitants of the empire and picked up all the previous laws, including the Lex Romana Visigothorum. He led not least the principle which had to be based any judgment on a legal principle and should prevent judicial arbitrariness. Under King Ervig was 681 adding further to the right ( also preserved in two manuscripts ), after all, especially not the legislative amendments under King Egica known by a preserved in numerous manuscripts Vulgarfassung. A comprehensive revision, the king was planning Egica towards the end of the 7th century, was not realized.

Legal nature

Almost everyone Visigoth king renewed or amended the law. In this self- conscious use of ruler with the Germanic and the Roman legal concepts which emerged Visigothorum additional gear. The ratio of the right layers to each other is disputed. Also won ecclesiastical legal conceptions increasing influence on legislation. Under the influence of the crossing of the Arian Visigoths to Catholicism, whose elevation to the imperial religion 589 and the associated religious unification pressure showed some laws on openly anti-Jewish content. Under the increasing influence of Christian thought was the language of the texts since the 7th century a moralizing train; be understood in this sense is also the displacement of the compositions Systems (payment of ransom ) in favor of corporal punishment up to the Old Testament Talionsprinzip (Retribution of matches like with like ).

The traditional school of thought sees overlooking the Germanic personality principle ( in contrast to the territoriality principle assumes that an individual is subjected to that territory or legal system to which it belongs personally, whether as a tribal member or a citizen ) Codex Euricianus and all other legal records up to Rekkesvinths Liber Iudiciorum as applicable solely to the Visigoths law, while the Lex Romana Visigothorum remained the basis for jurisdiction over the Romans or novels. In any case, the Romanization of the Goths was the 6th century progressed, although the ethnicities could be still distinguished. But the ban on marriage for example, which continued to exist between Goths and Romans Euricianischen the law by, could no longer enforce in practice. Indeed, there were mixed marriages, not least in the higher social strata, where they were politically advised anyway. Thus, this provision disappeared from the law books. After they had allowed the marriage between novels and Germans, could not well treat the members of such a legal connection by a different legal principle. A logical consequence of the change was that the legal positions of members of both communities have had to approach each other. Recent research increasingly emphasize the territorial jurisdiction of the laws and make their strict tribal legal bondage in question.

Survival of the right

In practice, was the Lex Visigothorum - measured in early medieval conditions - very effective and survived the collapse of the Visigoth kingdom. After the Islamic conquest of Spain 711, the remaining Christian subjects of the new rule ( Mozarabs ) could keep the Visigothic law within their communities, which, however, was due to the Christian structures only local no longer developed authoritarian and increasingly accepted common-law trains. There were numerous private transcripts of Liber Iudiciorum known as Vulgate versions and the original text modified by some laws adapted to the new conditions and even older laws were re-inserted. As a result, numerous ambiguities and contradictions presented a. Especially close to the original text remained the local law of Toledo, the ancient capital of the Visigoth kingdom. During the Reconquista let it Ferdinand III. , Transferred the saint as Fuero Juzgo into Castilian and put it after he guaranteed it as a city of Toledo law already in 1222, in 1240 at all in the areas he conquered. In this form it remained until modern times in force and only gradually lost its importance; in individual cases, the Fuero Juzgo was quoted until the 20th century by the courts.

Designation

The Visigothic legal records bore no official name; the manuscripts have different titles: Liber iudiciorum, iudicum Liber, Liber goticum, Liber iudicis, forum iudicum, Lex Gotorum. The term leges Visigothorum fixed Karl Zeumer in its text output in 1900 The Liber Iudiciorum (as it might have been called according to the oldest preserved codex soon after its publication or at the latest in the 8th century ) is considered due to its central importance as the actual Lex Visigothorum. ; in the first printed edition of Peter Pithoeus 1579 it still seems Codicis legum Wisigothorum libri XII. The term Fuero Juzgo for the high medieval transmission of the Liber Iudiciorum into Castilian is a corruption of the Latin -Roman name forum Iudicum Gotico ( Gothic Judge Charter) dar.

Swell

• Karl Zeumer: Leges Visigothorum antiquiores. in: Fontes iuris germanici antiqui. Hannover 1894.
• Karl Zeumer: Leges Visigothorum. Hannover 1902.