INTBUS 6 Lecture Notes - Lecture 20: Ripuarian Franks, Eastern Switzerland, Territorial Principle
30 Jul 2020
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Document Summary
Vulgar law : in comparsion to justinian"s codes, their contents reflected a low level of legal science. >> roman citizeship for all inhabitatnts: roman empire: territorial principle a. k. a territoriality principle. Applicable law: law of tribe of orgin [different types of law; roman law still applicable] Roman people in italy continued to live according to roman law, but based on personality principle. Majority of people in italy of roman descent. Superiority of roman law compared to tribal law. Result: establishment of roman law as secondary law, shared law/ common law (ius commune) Disappearance of the imperial system of courts, staffed by proffesional judges. [representatives of a state machine that could enforce their decrees]. Community courts: groups of freemen from the locality who sought to setlle disputes [in such a way that the disruption of community life would be minimised] Tribal customary laws: the assemblies of freemen had to establish the customary rules relevant to the case.
