A magánharc és a békeparancs szerepe a feudális büntetőjogban

Nagyné Szegvári Katalin: A magánharc és a békeparancs szerepe a feudális büntetőjogban. In: Acta Universitatis Szegediensis : acta juridica et politica, (73) 1-64. pp. 605-614. (2010)

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Abstract

This study attempts to show how the private wars and blood feuds of the medieval era were suppressed by the instruments of emerging legal systems, and the rise of modern principles of criminal law in the late medieval era. This process took several forms, as can be seen in the legal systems of England, France and the Holy Roman Empire in the period. The early development of the English judicial structure is especially notable, justice being served in the local hundred courts with trials already taking place with the participants under oath. This may be associated with the transformation of English law into a common law system (the origins of which may be traced back to Norman or Anjou practice.) At the same time, with the Assize of Clarendon of 1166, legislation also became a factor in the development of English law at an early date, especially as, according to the emerging theories of English jurisprudence — and thus of Bracton — criminal cases were to be tried in „Curia Regis." Thus even as early as Bracton it is possible to discern a distinctive judicial system in England. The development of French judicial system is also noteworthy, in a country where peace agreements seldom succeeded in ending feuds. A decree of Philip II Augustus was to make royal local delegates — the „bailli" — responsible for punishing crimes, on days which were set aside for the application of justice known as „assasia." More significant still was the „Ordonnance ou Établissement sur les guerres privées" issued by Louis IX. Mention must also be made of Beumanoir's great book of law, and a Hungarian translation of the thirtieth chapter of this work represents one of the novel elements of this study. At first, the „Landfrieden" of the Holy Roman Empire were to bring peace only at the level of individual provinces. It was not until Frederick I Barbarossa that a ruler was able to appeal to the royal prerogative to proclaim a universal `peace of the land.' Far more ambitious in scope was Frederick II's „Liber Augustalis" of 1232, which attempted to make the judicial system of the Kingdom of Sicily, extremely advanced for its time, the model for the enforcement of peace throughout the Empire. The royal courts, and the ,justiciarius" appointed by Frederick II brought into being a permanently sitting judiciary. This principle of permanent courts would later undergo a period of decline, before the rot was stopped by the establishment of a new court, the „Reichskammergericht" in 1495, with jurisdiction throughout the empire.

Item Type: Article
Journal or Publication Title: Acta Universitatis Szegediensis : acta juridica et politica
Date: 2010
Volume: 73
Number: 1-64
ISSN: 0324-6523
Page Range: pp. 605-614
Language: Hungarian, English
Publisher: Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága
Place of Publication: Szeged
Related URLs: http://acta.bibl.u-szeged.hu/37950/
Uncontrolled Keywords: Büntetőjog
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2016. Oct. 15. 11:11
Last Modified: 2023. Nov. 14. 11:40
URI: http://acta.bibl.u-szeged.hu/id/eprint/7467

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