This chapter explores the interaction between learned law (droit savant) and practical writings in medieval Europe, analyzing their evolution and integration between the 11th and 14th centuries. It highlights the mutual influence between theoretical legal traditions and practical administrative documents, focusing on their role in institutionalizing medieval governance and creating a ius proprium.

Deux branches d’une grammaire documentaire du pouvoir médiéval
(Two Branches of a Documentary Grammar of Medieval Power)

The chapter begins by distinguishing between two categories of legal writings:

1. Learned Legal Texts: These include canonical collections, Roman law compilations, and jurists’ doctrinal literature. They shaped theoretical norms and legal principles.
2. Practical Writings: Documents like charters, cartularies, statutes, and customary laws, used for local or regional governance, which also contributed to creating legal norms.

By the 11th century, Roman concepts of contracts (carta) persisted in Southern Europe but remained underdeveloped in terms of legal precision. The transformation in writing practices, driven by the Gregorian Reform and the reception of civil law in universities, blurred the lines between these two categories. The written word evolved from a simple memory aid to an authoritative instrument for managing legal and social relations.

La diffusion du droit savant dans les documents de la pratique
(The Spread of Learned Law in Practical Documents)

From the 12th century onward, learned law increasingly influenced practical writings. The rediscovery of Justinian’s Corpus iuris civilis and canon law fostered a juridical culture that permeated administrative practices:

• Terminology and Principles: Roman and canonical terminology appeared in legal documents like charters and statutes.
• Local Adaptations: Urban communities and political authorities integrated learned law concepts into statutes and customs. For example, in Rouergue, Roman law principles were used to define justice and equity in legal disputes.

Le recours au droit savant dans les statuts et coutumes
(Learned Law in Statutes and Customs)

Statutes and customs became key instruments for consolidating local governance:

• Statutory Examples: Urban statutes from cities like Toulouse, Montpellier, and Siena reflected Roman legal concepts, particularly in economic and procedural regulations.
• Flexibility and Localization: Statutes incorporated Roman legal solutions into local customary frameworks, resulting in a dynamic and adaptive legal tradition.

La compilatio des textes juridiques et des écrits pratiques
(The Compilation of Legal and Practical Texts)

Medieval scribes employed the art of compilation (compilatio), merging legal texts and practical documents into cohesive codices. This practice bridged the gap between learned law and administrative needs:

1. Separate Volumes: Institutions often produced separate manuscripts for doctrinal texts and practical writings, reflecting their complementary roles.
2. Hybrid Codices: In some cases, both types of texts were integrated into a single codex, as seen in the Roman curia’s cartularies during the Gregorian Reform.

Conclusion

The chapter concludes by emphasizing the interdependence of learned law and practical writings in shaping the ius proprium of medieval institutions. Through terminological diffusion, local adaptations, and documentary innovations, medieval scribes and jurists developed a unified legal culture that balanced tradition with administrative pragmatism. The compilatio exemplified the creative integration of diverse legal sources, ensuring the longevity of these traditions in medieval governance.

This chapter explores the relationship between legal procedure and rhetoric in medieval law schools. It examines how legal practitioners and students were trained in argumentation, highlighting the interplay between procedural norms and rhetorical techniques. The study focuses on the Ordines iudiciarii, procedural treatises that structured legal argumentation, and analyzes quaestiones, hypothetical legal cases used in academic debates. The chapter also considers the role of rhetorical manuals, particularly Ciceronian traditions, in shaping legal reasoning.

Legal Arguments in Theory

Procedural Treatises

By the 12th century, ecclesiastical courts had begun to develop a more structured procedural system, influenced by Roman law. This was partly in response to the increasing number of appeals to the Roman Curia. However, the Corpus iuris civilis did not contain a coherent procedural system, as its texts were compiled over centuries for different jurisdictions. Similarly, Gratian’s Decretum, despite its attempt to harmonize discordant texts, lacked specific procedural sections.
To address this gap, jurists produced treatises on procedural law, known as Ordines iudiciarii. These texts:

• Defined the sequence of trial stages, from pleadings to final judgment.
• Emphasized the role of procedural exceptions, which were crucial in litigation strategies.
• Aimed to guide legal practitioners rather than merely instruct court officials.

These manuals indicate that medieval law was deeply concerned with procedural correctness, which was seen as a source of legitimacy.

Example: Tancred of Bologna

Tancred of Bologna, an early 13th-century canonist and professor, wrote an influential procedural treatise, the Ordo iudiciarius. His work offers insight into how legal arguments were structured in court.

Structure of Legal Arguments According to Tancred

Tancred outlines the basic sequence of courtroom argumentation:

1. The plaintiff must establish the legal foundation of the case.
2. The defendant responds, using witness testimony, documents, or legal counterarguments.
3. If the defendant raises an exception, they assume the burden of proof.
4. The plaintiff may reply, challenging the exception.
5. Further exchanges follow, each side presenting additional evidence or rebuttals.

Tancred emphasizes specific areas of legal argumentation, including:

• Jurisdiction of the judge.
• Validity of the written plea (libellus).
• Reliability of witness depositions.
• Legal strength of documentary evidence and presumptions.

These procedural steps ensured consistency in trials, reinforcing the connection between formal legal procedure and the effectiveness of argumentation.

Rhetorical Manuals

Legal education included training in classical rhetoric, particularly in:

• Cicero’s De inventione.
• The Rhetorica ad Herennium (mistakenly attributed to Cicero in the Middle Ages).

By the 12th century, systematic commentaries on these works circulated in France and Italy, influencing legal training.

• The theory of judicial eloquence from De inventione and Ad Herennium guided the structuring of legal pleadings.
• Lawyers learned to present facts persuasively, using rhetorical techniques to frame evidence and testimony.

However, as trials became more proceduralized, the role of rhetoric in law declined. By the early 13th century, argumentation shifted from persuasion to authoritative legal citations, favoring juridical precision over rhetorical flourish.

Legal Arguments in Practice

Example: Two Quaestiones from the Quaestiones Londinenses

The chapter examines two quaestiones, hypothetical legal cases debated in Oxford law schools in the late 12th and early 13th centuries. These debates trained students in legal reasoning, forcing them to argue both sides of a case using Roman and canon law principles.

Quaestio A: The Legate’s Authority and the Rights of a Crusader

This case involves a conflict between papal authority and the protection of a crusader’s lands.

1. The dispute arose when papal legates attempted to enter Normandy while King Richard I was away on crusade.
2. The seneschal of Normandy refused them entry, arguing that papal interference violated Richard’s privileges as a crusader.
3. The papal legate excommunicated the seneschal and placed Normandy under interdict.

The legal debate centers on whether the legate had the authority to impose sanctions or whether Richard’s crusader status exempted his lands from papal jurisdiction.

Quaestio B: The Case of the Warrior Bishop

This case examines the legality of imprisoning a bishop who participated in warfare.

• Philip, Bishop of Beauvais, had fought against Richard I’s forces.
• Richard captured him and imprisoned him, claiming that as a warrior, Philip lost clerical privileges.
• Philip appealed to the Pope, arguing that clergy should be immune from imprisonment.

The argument hinges on whether a cleric who engages in warfare forfeits ecclesiastical protections.

• Canon law prohibited clerics from bearing arms, but exceptions were sometimes made for self-defense or church defense.
• Richard’s defense rested on the idea that Philip’s military actions transformed him into a secular combatant.

These quaestiones illustrate how legal scholars debated complex jurisdictional issues, reinforcing argumentative techniques essential for both court practice and academic discourse.

Conclusion

Sarah White’s chapter highlights how medieval legal argumentation was shaped by both procedural norms and rhetorical training.

1. Early legal education emphasized rhetoric, but by the 13th century, legal citations and procedural formality became dominant.
2. The Ordines iudiciarii helped standardize courtroom arguments, ensuring structured litigation.
3. The quaestiones tradition allowed law students to refine their argumentative skills, applying Roman and canon law principles to hypothetical legal conflicts.

The study ultimately demonstrates that legal argumentation in medieval courts was not only about persuasion but about mastering procedural logic and authoritative references.

This chapter examines the judicial order and the practice of trials in medieval Italy (12th-13th centuries). Vallerani explores how procedural norms structured the judicial process and how legal actors—from judges to litigants—interacted within this system. The study highlights the tension between legal abstraction and procedural reality, showing how medieval justice was shaped by both theoretical frameworks and practical constraints.

Le procès et la renaissance de l’ordo au XIIe siècle (Trials and the Revival of Ordo in the 12th Century)

The concept of ordo, or procedural order, was central to medieval justice. It allowed courts to create a parallel legal reality, distinct from the everyday world, where disputes were reframed in abstract legal terms. This process of abstraction, inherited from Roman law, helped structure legal reasoning and ensured procedural consistency.
By the mid-12th century, jurists began developing procedural manuals, known as Ordines iudiciarii, which outlined the correct way to present legal claims. These texts introduced standardized formulas, ensuring that litigants articulated their grievances in legally recognizable terms. The adoption of actiones (legal actions) played a key role in this transformation, as they allowed a single fact to be framed in multiple ways, depending on the legal strategy chosen.

La procédure des ordines (The Procedure of the Ordines)

The ordines structured trials in a logical and procedural sequence, ensuring that legal disputes followed a standardized format. This order was based on:

• An accusatorial model, where the plaintiff initiated the case.
• A process of decomposition and recomposition, where facts were broken down into legal arguments and then reassembled into a judgment.

The trial unfolded in three key stages:

1. The initial accusation, where the complaint was legally formulated.
2. The positiones, a structured exchange where both parties responded to specific claims.
3. The intentiones, where disputed facts were examined through witness testimony and legal argumentation.

These steps ensured that trials were not merely fact-finding exercises but structured dialectical processes, where legal reasoning played a central role.

La procédure accusatoire dans les tribunaux communaux (The Accusatorial Procedure in Communal Courts)

By the 13th century, communal courts had fully embraced the accusatorial system, in which private individuals brought charges against one another. This system relied heavily on written records, with each procedural step documented in notarial acts.

• The growth of judicial bureaucracy led to the mass production of legal documents.
• Court proceedings followed predefined formulas, ensuring procedural consistency.
• Written pleadings replaced oral confrontations, reinforcing the importance of legal professionals.

The rise of municipal justice coincided with the development of urban legal culture, where courts became central institutions for resolving disputes.

Les procédures ex officio du concile de Latran IV au temps d’Alberto da Gandino (The Ex Officio Procedures from the Fourth Lateran Council to Alberto da Gandino)

While accusatorial justice remained dominant, the 13th century saw the rise of inquisitorial procedures, particularly for cases involving public order.

• The Fourth Lateran Council (1215) introduced the concept of fama (public reputation) as a basis for prosecution.
• Judges gained the power to initiate investigations ex officio, without a formal accusation.
• The Tractatus de Maleficiis by Alberto da Gandino codified these procedures, reinforcing the judge’s role in maintaining public order.

This shift expanded judicial authority, allowing magistrates to prosecute crimes without waiting for a private complaint.

L’inquisition ex officio dans les tribunaux municipaux (The Ex Officio Inquisition in Municipal Courts)

Urban courts adopted inquisitorial procedures to handle serious offenses. Unlike accusatorial trials, these cases:

• Were initiated by magistrates, rather than private individuals.
• Relied on public notoriety (fama) as evidence.
• Allowed judges to interrogate suspects and gather evidence proactively.

While this system increased efficiency, it also blurred the line between judge and accuser, raising concerns about judicial impartiality.

Les juristes et le procès : quaestiones et consilia (Jurists and Trials: Quaestiones and Consilia)

Legal scholars played a crucial role in shaping medieval litigation.

• Quaestiones were hypothetical legal questions, debated in universities and courts.
• Consilia were legal opinions, issued by experts to assist judges and litigants.

These texts bridged the gap between theory and practice, ensuring that judicial decisions were grounded in learned legal reasoning.

La circularité du savoir juridique : des quaestiones aux consilia (The Circularity of Legal Knowledge: From Quaestiones to Consilia)

The relationship between academic law and judicial practice was highly dynamic.

• Many jurists worked as both scholars and legal consultants.
• Court cases generated new legal debates, which in turn influenced judicial decisions.
• Legal interpretation became a collaborative process, with judges, scholars, and practitioners contributing to the evolution of law.

This circular exchange of knowledge helped standardize legal procedures, while also allowing flexibility in responding to new challenges.

Pour faire le point (Key Questions for Reflection)

The chapter concludes with four fundamental questions, inviting readers to reflect on the nature of medieval judicial procedure:

1. What was the accusatorial procedure?
2. What was the inquisitorial procedure?
3. What was the function of quaestiones?
4. What was the function of consilia?

By addressing these questions, the author encourages a deeper understanding of how medieval legal systems operated, highlighting their complexity and adaptability.

Conclusion

Vallerani’s study reveals that medieval trials were not static events, but highly structured legal performances, where procedure played a central role in shaping justice. The evolution of judicial forms—from accusatorial trials to inquisitorial investigations—demonstrates the increasing formalization of law, while also reflecting the social and political transformations of medieval urban life.

This chapter examines the relationship between legal theory and practice in the Middle Ages. The authors argue that legal sources are not merely normative texts but also include practical documents such as notarial acts, judicial records, and commercial contracts. By analyzing these sources, the chapter highlights the dynamic nature of medieval law, emphasizing that legal norms were shaped by their real-world application.

Sermons et textes religieux : des sources de normativité (Sermons and Religious Texts: Sources of Normativity)

Religious texts played a crucial role in medieval legal thought. Preachers such as Bernardine of Siena influenced legal behavior by condemning practices like usury and promoting economic ethics. The Church also used moral theology to guide judges and lawmakers, embedding Christian values into legal reasoning.

Le droit coutumier et les pratiques commerciales (Customary Law and Commercial Practices)

Customary law developed through local traditions and merchant practices, rather than formal codification.

• In cities, merchant guilds and local tribunals regulated economic activities through oral customs.
• Over time, these customs were recorded in legal texts like the Coutumier de Lausanne or the Spiegel von Schwaben (Swabian Mirror), ensuring legal continuity.

The authors highlight that customary law was highly adaptable, often incorporating influences from Roman and canon law.

Les documents notariés : une formalisation du droit en action (Notarial Documents: A Formalization of Law in Action)

Notarial acts were essential for ensuring legal security in economic transactions. These documents:

• Recorded contracts, property sales, and apprenticeships.
• Provided evidence in court when disputes arose.
• Created a written record that strengthened trust in business relationships.

One example discussed in the chapter is the Registrum Lombardorum from Fribourg, which preserved numerous notarial agreements related to trade and finance.

Les sources judiciaires : procès et décisions de justice (Judicial Sources: Trials and Court Decisions)

Judicial archives provide a direct insight into how legal norms were applied in practice.

• Trial records from Venice and the English Year Books show how judges interpreted local customs, royal statutes, and Roman law.
• Court documents also reflect social and political pressures, revealing how justice was influenced by power dynamics.

Doctrine juridique et commentaires légaux (Legal Doctrine and Commentary)

Medieval jurists played a key role in shaping legal practice through their treatises and commentaries.

• Guillaume Durand’s Speculum legatorum guided diplomatic negotiations and legal disputes.
• Legal glosses helped judges and lawyers interpret statutes and procedural norms.

The chapter argues that legal doctrine was not just theoretical but actively influenced judicial decisions and statutory law.

Conclusion

This chapter highlights the interplay between theory and practice in medieval legal systems. By examining practical documents, the authors show that law was not merely a collection of written rules but a living system shaped by commerce, religion, and judicial experience. The study of these sources offers a more nuanced understanding of medieval law, emphasizing its fluid and dynamic nature.

This chapter presents a classification of medieval legal sources, dividing them into three main categories: normative sources, doctrinal sources, and sources of practice. The authors examine each category, its scope, characteristics, and interactions, emphasizing the complexities and fluidity of medieval legal culture.

1. Origins and Development
• The Sejm emerged as a bicameral assembly in 1468, composed of senators and elected deputies representing noble territories (sejmiks).
• Its evolution was marked by key milestones such as the Nihil novi nisi commune consensu constitution (1505), which established that no law affecting public liberties could pass without the approval of both chambers.
2. Composition and Function
• The Senate included royal counselors, ecclesiastical leaders, and high-ranking officials, while the Chamber of Deputies represented local noble assemblies.
• The king retained significant legislative powers but needed Sejm approval for broader reforms, creating a dynamic interplay between monarchical authority and noble representation.
3. Legislative Authority and Procedures
• Legislative processes began with royal convocations, followed by local sejmiks where deputies were elected and instructions issued.
• Debates in the Sejm were characterized by consensus-building, with laws requiring approval from senators, deputies, and the monarch.
4. Consensus and Conflict
• The principle of consensus (nemine contradicente) governed legislative decisions until the 17th century, later giving rise to the liberum veto, which allowed a single deputy to block decisions.

La législation de la Diète: exemples et évolutions (Legislation of the Diet: Examples and Evolution)

1. Scope of Legislation
• The Sejm addressed political, social, and economic issues, such as:
  • Regulating noble privileges (e.g., restrictions on landownership for non-nobles in 1496).
  • Reforming judicial procedures, including inheritance laws and property disputes.
  • Establishing the Crown Tribunal (1578) as an independent supreme court.
  • Managing taxes and tariffs, often balancing royal prerogatives with noble autonomy.
2. Royal Prerogatives vs. Legislative Authority
• Despite the Sejm’s growing authority, the monarchy retained the power to issue privileges and laws addressing specific domains, such as royal estates and monopolies..
3. Integration with the Polish-Lithuanian Commonwealth
• Following the Union of Lublin (1569), the Sejm became a central institution of the Polish-Lithuanian Commonwealth, uniting representatives from both Poland and Lithuania. Its constitutional role was further solidified by the Henrician Articles (1573), which required biennial Sejm sessions.

Sources on Polish Law and Historiography

The chapter concludes by reflecting on the historiography of Polish law, including the earliest printed compilations such as the Łaski Statute (1506) and modern critical editions like the Volumina Constitutionum series. These sources illuminate the Sejm’s legislative practices and its centrality to Polish legal and political history.

Conclusion

The Polish Sejm exemplifies the dynamic interplay between royal authority, noble representation, and legal innovation in medieval and early modern Poland. By integrating diverse legal traditions and balancing competing interests, the Sejm established itself as a unique legislative institution that shaped Poland’s legal and political landscape.

This chapter examines the legislative traditions of Italian communes during the late Middle Ages, focusing on the development of municipal statutes. It explores their historical origins, their role in communal governance, and their relationship with other legal traditions such as Roman law, canon law, and royal legislation. The author highlights the complexity of statutory law, emphasizing its dynamic and evolving nature rather than a rigidly codified system.

Monde communal et législation statutaire : un binôme très étroit (The Communal World and Statutory Legislation: A Close Relationship)

The emergence of the Italian commune as a political and legal entity in the 11th and 12th centuries was accompanied by the need for a structured legal system. Communal statutes (statuta communalia) served as both a practical governance tool and a symbolic assertion of autonomy. They regulated a wide range of matters, from public order and administration to private law and commercial activity.
Unlike royal or papal legislation, which derived its authority from a centralized source, communal statutes were the product of negotiation among various political and social groups within the city. This participatory nature made them adaptable but also fragmented, as different factions sought to embed their interests into written law.

Statutum/Statuta (Statute/Statutes)

The Latin term statutum originally referred to a decision made by a recognized authority. In the context of Italian communes, statuta denoted legal texts that compiled local regulations and norms, distinct from both customary law and external legislation. These statutes were not static codes but evolving legal instruments, subject to periodic revisions and influenced by changing political and economic conditions.
Statutes often had a hierarchical structure, distinguishing between:

1. General statutes (statuta generalia), which applied to the entire city and its dependent territories.
2. Special statutes (statuta specialia), which addressed particular social groups, trades, or neighborhoods.

Autonomie, iurisdictio et législation statutaire communale (Autonomy, Jurisdiction, and Communal Statutory Legislation)

Municipal statutes reflected the autonomy of Italian communes, but their authority was always negotiated within a broader legal landscape. While communes sought self-governance, they still operated within a framework that included:

• Imperial authority (Holy Roman Empire).
• Papal influence, particularly in matters of ecclesiastical law.
• Feudal lords, who retained jurisdiction in rural areas surrounding the cities.

This interaction created a complex legal hierarchy where communal statutes coexisted with overlapping sources of law.
Additionally, communal statutes served not only as legal norms but also as political instruments, reinforcing the legitimacy of governing elites. The codification of statutory law often reflected power struggles between different factions, including merchant oligarchies, noble families, and guilds.

Les voies de la constitution des statuts communaux (The Formation of Communal Statutes)

The drafting of communal statutes was a gradual process influenced by various actors:

• Statutory commissions were appointed to compile, amend, or update legal texts.
• Notaries and legal experts played a crucial role in drafting precise formulations.
• Public assemblies or councils sometimes had the authority to approve or reject statutes.

Despite their formal appearance, statutes remained open to reinterpretation and adaptation, especially in response to conflicts or external pressures. This flexibility allowed communes to maintain legal stability while accommodating change.

La mise par écrit de la coutume communale (The Recording of Communal Custom)

One of the key functions of statutes was to transform oral customary law into written norms. The process of codification:

1. Helped preserve legal continuity by recording established practices.
2. Provided greater legal certainty, reducing disputes over interpretation.
3. Reinforced communal identity by distinguishing local law from external legal influences.

However, statutory law did not always replace custom. In many cases, written statutes and unwritten customary practices coexisted, with judges and officials referring to both depending on the context.

La « doctrine des statuts » et la potestas statuendi des communes (The Doctrine of Statutes and the Power to Legislate in Communes)

The legal doctrine of the Middle Ages debated the validity and limits of municipal statutes. Jurists asked:

• Did communes have the authority to create laws independently of imperial or papal approval?
• Could statutory law override Roman or canon law in local jurisdictions?

By the 13th century, legal scholars developed theories that justified the power of communes to legislate, often arguing that local statutes were valid unless they contradicted higher laws (statuta contra ius commune non valeant). This principle allowed for legal pluralism, where different normative systems coexisted without a single absolute hierarchy.

Les statutari et la rédaction des statuts (The Compilers of Statutes and the Drafting Process)

The role of statutari—experts responsible for compiling and revising statutes—was essential in shaping municipal law. These individuals, often trained in Roman law, brought systematic legal reasoning to the drafting process. Their influence is visible in the increasing sophistication of statutes, which began to resemble scholarly legal treatises rather than simple collections of local customs.
The contribution of Bolognese jurists was particularly significant, as they helped refine statutory law using concepts from Justinian’s Corpus iuris civilis. As a result, many communal statutes integrated Roman legal principles, especially in areas such as contract law, property rights, and procedural rules.

Conclusion

Italian communal statutes were a hybrid legal phenomenon, blending local traditions with influences from Roman and canon law. They played a crucial role in the development of urban self-governance, serving both practical regulatory functions and symbolic assertions of autonomy. However, they were not isolated legal systems but operated within a broader context of overlapping jurisdictions and legal traditions.
The study of communal statutes reveals the dynamic nature of medieval law, where codification did not imply rigidity but rather adaptability. As instruments of governance, these statutes reflected the political, economic, and legal realities of medieval Italian city-states, illustrating the complexity of legal pluralism in the Middle Ages.

This chapter analyzes the Siete Partidas, the comprehensive legal code issued under Alfonso X of Castile in the 13th century. The chapter explores its origins, structure, influences, and historical legacy, highlighting its importance in medieval legal culture and its role in shaping Hispanic jurisprudence.

Les origines des Siete Partidas (The Origins of the Siete Partidas)

The Siete Partidas were written during the reign of Alfonso X of Castile (1252–1284), as part of his broader political and cultural vision. Alfonso sought to consolidate legal authority by unifying diverse legal traditions within his kingdom under a single legal framework. The Partidas built upon existing Castilian laws, Roman law, and canon law, incorporating philosophical principles from Aristotle and theological influences from the Christian tradition. This synthesis reflects Alfonso’s ambition to create a universal legal and moral code for his kingdom.

La structure et le contenu des Siete Partidas (The Structure and Content of the Siete Partidas)

The Siete Partidas are divided into seven parts (partidas), each addressing a specific aspect of law and society:

1. Partida I: Focuses on ecclesiastical law, the relationship between Church and State, and the role of religious institutions.
2. Partida II: Addresses royal authority, governance, and the duties of kings and officials, emphasizing the philosophical justification of monarchy.
3. Partida III: Covers procedural law and the functioning of judicial systems, including rules for trials and legal disputes.
4. Partida IV: Regulates family law, marriage, inheritance, and kinship relations.
5. Partida V: Concerns property rights, contracts, and economic transactions, including rules on trade and commerce.
6. Partida VI: Focuses on criminal law and the punishments for offenses, balancing retribution with justice.
7. Partida VII: Deals with laws of war, chivalry, and military obligations, reflecting the importance of knights and military service in medieval society.

Each partida is organized systematically, providing clarity and coherence to a wide range of legal topics. The text combines normative legal rules with moral and philosophical justifications, emphasizing the importance of justice and equity in governance.

La diffusion et la réception des Siete Partidas (The Dissemination and Reception of the Siete Partidas)

Initially, the Siete Partidas did not gain widespread acceptance due to resistance from local legal traditions and customary laws. However, their formal adoption in the Ordenamiento de Alcalá (1348) marked a turning point, establishing them as a cornerstone of Castilian law. The Partidas were widely disseminated throughout the Iberian Peninsula and, later, in the Spanish colonies, where they influenced legal systems in the Americas.

The text’s adaptability allowed it to coexist with regional statutes and customary practices, while its philosophical and theological underpinnings ensured its enduring authority.

L’importance des Siete Partidas pour l’histoire juridique (The Importance of the Siete Partidas in Legal History)

The Siete Partidas occupy a central place in the history of medieval and modern law:

• Legal Heritage: They integrated Roman, canon, and customary law into a unified system, creating a comprehensive legal framework.
• Theoretical Contributions: The text’s systematic structure and moral foundations provided a model for later codifications in Europe and Latin America.
• Global Influence: As part of Spanish colonial law, the Siete Partidas shaped the development of legal systems in Hispanic America, where they remained influential until the 19th century.

The chapter underscores the Siete Partidas as not only a legal text but also a cultural artifact, reflecting Alfonso X’s vision of law as an instrument for moral and social order.

Conclusion

The Siete Partidas represent a landmark achievement in medieval legal history, combining law, philosophy, and theology into a unified and systematic legal code. Despite initial resistance, their legacy endured through their incorporation into Castilian law and their influence on legal systems in the Spanish-speaking world. This text exemplifies Alfonso X’s ambition to harmonize governance with justice, reflecting both the cultural aspirations and legal innovations of 13th-century Castile.

This chapter examines Le Liber Augustalis, a pivotal legislative text issued by Frederick II in 1231 for the Kingdom of Sicily. It explores the text’s historical context, legislative framework, and its enduring influence on the evolution of legal systems. As a cornerstone of medieval legal culture, the Liber Augustalis showcases Frederick II’s vision of centralized governance, legal innovation, and the integration of diverse cultural and juridical traditions.

Introduction

The Liber Augustalis emerged during the broader transformation of European governance in the 11th and 12th centuries. While monarchies across England, France, the Iberian Peninsula, and Southern Italy sought legitimacy through divine sanction, the Kingdom of Sicily exemplified a unique blend of cultures—Latin, Greek, Muslim, and Lombard. Frederick II’s reign marked a critical juncture in consolidating this multicultural legacy. His legal innovations culminated in the Liber Augustalis, a ius proprium tailored to the Kingdom of Sicily, which remained in effect until the early 19th century.

Le pouvoir de légiférer (The Power to Legislate)

As both King of Sicily and Holy Roman Emperor, Frederick II maintained a clear division between his two crowns, with the Liber Augustalis focusing exclusively on the Sicilian realm. The preamble (prooemium) of the text establishes its theological and philosophical underpinnings, presenting legislation as a continuation of divine order. Drawing on Roman law, specifically the Lex regia, Frederick asserted his authority to legislate independently of papal intervention. This secular and divine duality underpinned the revolutionary nature of his legal framework.

Frederick’s legislation explicitly abrogated prior laws and customs that contradicted the new rules, consolidating all previous laws into a cohesive corpus. His goal was to restore order to a kingdom destabilized by his youth and absences during imperial disputes.

La rédaction du Liber Augustalis (Drafting the Liber Augustalis)

The drafting process of the Liber Augustalis remains shrouded in mystery, with sources offering limited and often indirect evidence. Initial steps involved recognizing existing laws and customs from Norman predecessors, culminating in Frederick’s commission in 1230 to compile these rules systematically. The final text faced opposition from Pope Gregory IX, who viewed it as a challenge to ecclesiastical authority.

Despite the lack of transparency regarding its authorship, the Liber Augustalis embodies Frederick’s legislative authority. The text’s coherence reflects its reliance on legal advisors and scribes while maintaining the sovereign as its sole political and legal author.

La tradition manuscrite et les problèmes de reconstruction des textes (The Manuscript Tradition and Textual Reconstruction Challenges)

The Liber Augustalis has been preserved in 22 manuscripts, categorized into:

• The original 1231 corpus (Constitutions de Melfi).
• Manuscripts incorporating Frederick’s subsequent novellae (amendments up to 1246).
• Greek translations of the text.
• Reduced versions of the Liber Augustalis.

The text evolved over time, with the posthumous Vulgate version reorganizing the original corpus and novellae into three books. These books address public law, judicial procedure, and feudal, criminal, and private law. Despite the inconsistencies in manuscript traditions, the Liber Augustalis remains one of the most comprehensive secular legislative texts of its era.

La fortune juridique et éditoriale du Liber Augustalis (The Legal and Editorial Legacy of the Liber Augustalis)

The Liber Augustalis experienced a complex editorial history, with its editio princeps published in Naples in 1475. Subsequent editions, primarily during the 16th century, were aimed at practical judicial use. By the 18th century, interest in the text shifted toward scholarly pursuits, culminating in philological editions like Gaetano Carcani’s 1786 version, which included the Greek text for the first time.

The 19th and 20th centuries saw further historiographical interest, with critical editions such as Wolfgang Stürner’s 1996 work for the Monumenta Germaniae Historica. These editions provided rigorous textual comparisons, ensuring the Liber Augustalis’ continued relevance as a historical and legal source.

Le Liber Augustalis dans son contexte (The Liber Augustalis in Context)

Frederick II’s legislation reflects a synthesis of Roman and canon law principles, demonstrating mutual influences between secular and ecclesiastical legal traditions. The Liber Augustalis not only codified procedural norms for the Kingdom of Sicily but also symbolized Frederick’s ambition to create a centralized and coherent legal order. This legal innovation paralleled contemporary developments, such as the Liber Extra in canon law, underscoring the reciprocal relationship between these traditions.

Conclusion

The Liber Augustalis represents a landmark in medieval legislative history, combining legal sophistication with political vision. Frederick II’s emphasis on centralized governance and juridical precision set a precedent for later legal systems. Its enduring legacy lies in its ability to balance cultural diversity with legal unity, shaping both Sicilian governance and the broader evolution of European law.

This chapter examines the royal legislative process in medieval France from the 13th to the 15th centuries. It explores the sources, structure, language, and content of royal acts, providing a methodological guide for understanding their historical and legal significance.

Accéder aux sources : les actes royaux (Accessing the Sources: Royal Acts)

The chapter opens with an overview of the primary sources for royal legislation. Royal acts (actes royaux), issued by the monarchy to regulate various aspects of governance, have been preserved in archives such as the Trésor des chartes. Collections like the Ordonnances des Rois de France provide scholars with access to these normative documents, which include ordinances, letters patent, and decrees. The chapter underscores the importance of these texts as evidence of the consolidation of royal power and the centralization of authority in France.

Se repérer dans la procédure législative médiévale (Navigating Medieval Legislative Procedure)

Medieval legislative processes were characterized by formalized procedures that evolved alongside the growth of royal administration. The chapter describes how royal acts were drafted, validated, and disseminated:

1. Initiation: Legislation often began in response to petitions or identified administrative needs.
2. Drafting: Legal advisors, such as the king’s councilors and chancery officials, played a central role in composing acts.
3. Validation: Acts required the king’s approval, often formalized through seals.
4. Promulgation: Royal acts were communicated to officials and subjects via public proclamation or written copies distributed to local authorities.

The procedural rigor reflects the growing institutionalization of royal power during this period.

Des mots pour dire l’acte normatif royal (Words to Describe the Royal Normative Act)

The chapter examines the terminology used in royal legislation, highlighting the precise language employed to convey authority. Terms like statut, ordonnance, and lettres patentes denoted different categories of royal acts, distinguished by their scope and legal purpose:

• Statut (Statute): General legislative measures.
• Ordonnance (Ordinance): Administrative acts regulating governance.
• Lettres patentes (Letters Patent): Public and sealed acts addressing specific subjects or individuals.

This vocabulary illustrates the monarchy’s effort to formalize and differentiate its legislative authority.

Identifier la mise en forme de l’acte (Identifying the Format of the Act)

The physical and structural presentation of royal acts reveals their legal and symbolic significance. Royal acts followed a standard format, which included:

1. The Invocation: Addressing divine authority or the king’s legitimacy.
2. The Preamble: Stating the rationale for the act and its objectives.
3. The Dispositive Section: Detailing the legal norms or measures enacted.
4. The Sanction: Establishing penalties for non-compliance.
5. The Closing Formula: Validating the document’s authority, often sealed with the royal chancery’s mark.

The use of seals and parchment reflected the solemnity and authenticity of royal acts, ensuring their acceptance across the kingdom.

Considérer le contenu de l’acte (Considering the Content of the Act)

Royal acts addressed a wide range of subjects, reflecting the monarchy’s expanding legislative scope. Key areas of regulation included:

• Justice: Establishing procedures for courts and defining criminal and civil law.
• Finance: Regulating taxation and royal revenues.
• Defense: Organizing military obligations and fortifications.
• Social Order: Enacting measures to maintain public order and resolve disputes.

The content of royal legislation reveals the monarchy’s pragmatic responses to societal challenges, as well as its ambition to standardize legal norms across the realm.

The chapter concludes by reflecting on the methodological challenges of studying royal acts. It emphasizes the need to consider both their formal structure and practical application, balancing textual analysis with historical context. By examining royal acts as instruments of governance, scholars gain insights into the evolution of royal authority, legislative practices, and the growing role of written law in medieval France.

This text serves as an introduction to the section on secular legislation and the new normative dynamics emerging in the late Middle Ages, particularly during the 13th century. It explores the shift in legal culture and the evolution of normativity, presenting the historical, conceptual, and methodological framework for analyzing the legislative practices of this transformative period.

Loi, norme, normativité (Law, Norm, and Normativity)

The introduction argues that understanding medieval normativity requires distancing oneself from modern legal definitions and frameworks. Unlike contemporary law, medieval legal systems lacked generality, permanence, and hierarchical coherence. Instead, they were characterized by fragmented juridical orders, plural sources of authority, and diverse norms addressing different societal groups (e.g., clerics, nobles, bourgeois). For instance, the Siete Partidas demonstrates how legislative texts operated effectively despite the absence of formal promulgation procedures. The text advocates for a focus on "legal norms" rather than "laws" to avoid anachronistic assumptions.

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Production normative et institutionnalité (Normative Production and Institutional Structures)

Medieval normativity challenges the modern assumption of a separation of powers. In the medieval context, power was defined by legitimacy and intensity rather than functional distinctions (legislative, judicial). Normative interventions often blurred the lines between legislation and casuistry, as seen in Roman imperial rescripts. This fluidity complicates the strict categorization of legal texts into modern frameworks of "legislation" and "judicial decisions."

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Application et effectivité (Application and Effectiveness)

The text delves into the issue of legal norms’ effectiveness, examining the relationship between law and social reality. Two schools of thought are contrasted:

1. Positivist or Dogmatic School: Emphasizes the validity of law as self-contained, independent of its social implementation.
2. Sociological School: Focuses on the social realization of norms, measuring their "effectiveness" by their degree of implementation and societal impact.

Effectiveness is further divided into:

• Application (Effectivity): Alignment between norms and their enforcement.
• Utility (Efficiency): Achievement of the intended goals of the norms, such as social reforms or behavioral changes.

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La conjoncture inédite du second Moyen Âge (The Unique Context of the Late Middle Ages)

The 13th century is identified as a pivotal period for legal innovation, marked by a "normative push." Several converging factors include:

• The centrality of Roman law, either directly or through canonical mediation.
• The growing ambition of legislative texts, exemplified by works like the Siete Partidas and the Liber Augustalis, which sought to legislate comprehensively.
• Efforts to make legal norms accessible, including vernacular translations of texts previously reserved for Latin.

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Précisions liminaires (Preliminary Clarifications)

The introduction outlines the scope and limitations of the chapters that follow, focusing exclusively on secular legislation. Ecclesiastical law and English common law are deliberately excluded, as they are explored in other sections of the handbook or existing literature. This section instead emphasizes continental developments, particularly in France, Italy, and Poland, where the "normative turn" of the 13th century had profound legal and societal implications.

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Conclusion

This introduction establishes the historical and conceptual foundation for understanding the legislative practices of the late Middle Ages. By reframing the study of medieval normativity within its historical context, it provides a lens for analyzing the chapters that follow, which explore diverse legal traditions and the broader impact of the 13th-century "normative push."