MUTILATION AND THE LAW IN EARLY MEDIEVAL EUROPE AND INDIA:

2018 ◽  
pp. 115-140
Author(s):  
PATRICIA SKINNER
Keyword(s):  
Early Medieval ◽  
Medieval Europe ◽  
The Law

“Let Them Make Him Duke to Rule that People”: TheLaw of the Bavariansand Regime Change in Early Medieval Europe

2012 ◽  
Vol 30 (3) ◽  
pp. 865-899
Author(s):  
Jonathan Couser
Keyword(s):  
Roman Empire ◽  
Middle Ages ◽  
Regime Change ◽  
Vital Role ◽  
Anglo Saxon ◽  
Early Medieval ◽  
Distinctive Features ◽  
Medieval Europe ◽  
The Subject ◽  
The Law

The early Middle Ages produced a series of law codes for the new “barbarian” kingdoms of Europe, which succeeded the western Roman Empire. These law codes were often inspired by the precedent and sometimes the content of Roman vulgar law as well as the customs of the respective peoples for whom they were written and the interests of their rulers. The making of law could often play a vital role in the stabilization of kingdoms, especially under new rulers. Early medieval secular lawmaking falls into three broad periods: the early royal laws of the Frankish, Burgundian, and Visigothic peoples in the fifth and sixth centuries; the interrelated composition of Lombard, south German, and perhaps also early Anglo-Saxon law in the seventh and eighth centuries; and the writing up of the last “ethnic” laws for peoples subject to Charlemagne's empire, such as Frisians and Saxons, in order to accommodate them into a multiethnic empire committed to the principle of personality of the law. The subject of this article, the law of the Bavarians (Lex Baiuvariorum, hereafter abbreviated “Lb”), belongs to the second of these stages. However, scholars have never reached consensus as to the date of its composition nor where it was created. This has inhibited the use of the Lb for any but they most general discussion of Bavarian society. This article will review the evidence for the Lb's date and place of composition, to suggest that we can plausibly identify them more precisely than has been done, and therefore argue that the distinctive features of this text can be tied to specific political needs.

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