The Law of the Post-Roman Kingdoms

doi:10.1017/9781108559133.003

3 - The Law of the Post-Roman Kingdoms

from Part I

Published online by Cambridge University Press: 21 June 2019

Alexander Callander Murray

Edited by

Philip L. Reynolds

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Philip L. Reynolds: Affiliation:
Emory University, Atlanta

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Summary

As regards law and legal institutions, the period of the post-Roman successor kingdoms is understudied, misunderstood, and often maligned in histories of European law. This chapter, emphasizing the often-overlooked role of Roman law in practice and administration, begins by sketching the changing general historiographical framework that has shaped scholarly approaches to law of the period. The historiographical framework has largely been an attempt to define a Germanic order that subsumed the provincial Roman norms and structures of the former regime. The language used by modern scholars to describe the law of the period is then examined critically, especially the narrow understanding of the concept of Roman law and the expansive and uncritical application of the misleading term “Germanic.” The last part of the chapter notes the sources of law: not only the law codes of the various kingdoms but also other sources of Roman law and practice. In conclusion, the range of sources for royal legislation, administrative law, and institutional practice in the Merovingian kingdom are surveyed to illustrate their potential for fleshing out a legal profile of the period.

Keywords

successor kingdoms, Roman law, Germanic law, “Germanic,” codes, Merovingian, placita, diplomata, formulae, inquest

Type: Chapter
Information: Great Christian Jurists and Legal Collections in the First Millennium , pp. 73 - 106

DOI: https://doi.org/10.1017/9781108559133.003 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2019

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References

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