Germanic law in the context of "Outlaw"

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⭐ Core Definition: Germanic law

Germanic law is a scholarly term used to describe a series of commonalities between the various law codes (the Leges Barbarorum, 'laws of the barbarians', also called Leges) of the early Germanic peoples. These were compared with statements in Tacitus and Caesar as well as with high and late medieval law codes from Germany and Scandinavia. Until the 1950s, these commonalities were held to be the result of a distinct Germanic legal culture. Scholarship since then has questioned this premise and argued that many "Germanic" features instead derive from provincial Roman law. Although most scholars no longer hold that Germanic law was a distinct legal system, some still argue for the retention of the term and for the potential that some aspects of the Leges in particular derive from a Germanic culture. Scholarly consensus as of 2023 is that Germanic law is best understood in opposition to Roman law, in that it was not "learned" and incorporated regional peculiarities.

While the Leges Barbarorum were written in Latin and not in any Germanic vernacular, codes of Anglo-Saxon law were produced in Old English. The study of Anglo-Saxon and continental Germanic law codes has never been fully integrated.

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👉 Germanic law in the context of Outlaw

An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so anyone was legally empowered to persecute or kill them. Outlawry was thus one of the harshest penalties in the legal system. In early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of homo sacer, and persisted throughout the Middle Ages.

A secondary meaning of outlaw is a person systematically avoiding capture by evasion and violence. These meanings are related and overlapping but not necessarily identical. A fugitive who is declared outside protection of law in one jurisdiction but who receives asylum and lives openly and obedient to local laws in another jurisdiction is an outlaw in the first meaning but not the second (one example being William John Bankes). A fugitive who remains formally entitled to a form of trial if captured alive but avoids capture because of the high risk of conviction and severe punishment if tried is an outlaw in the second sense but not the first (Sándor Rózsa was tried and sentenced merely to a term of imprisonment when captured).

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Germanic law in the context of Germanic kingship

Germanic kingship is a thesis regarding the role of kings among the pre-Christianized Germanic tribes of the Migration period (c. 300–700 AD) and Early Middle Ages (c. 700–1000 AD). The thesis holds that the institution of feudal monarchy developed, through contact with the Roman Empire and the Christian Church, from an earlier custom of sacral and military kingship based on both birth status and consent from subjects.

The term barbarian kingdom is used in the context of those Germanic rulers who after 476 AD and during the 6th century ruled territories formerly part of the Western Roman Empire, especially the Barbarian kings of Italy. In the same context, Germanic law is also derisively termed leges barbarorum "barbarian law" etc.

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Germanic law in the context of Weregild

Weregild (also spelled wergild, wergeld (in archaic/historical usage of English), weregeld, etc.), also known as man price (blood money), was a tradition in Germanic law whereby a monetary value was established for a person's life, to be paid as a fine or as compensatory damages to the person's family if that person was killed or injured by another.

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Germanic law in the context of Landed property

In real estate, a landed property or landed estate is a property that generates income for the owner (typically a member of the gentry) without the owner having to do the actual work of the estate.

In medieval Western Europe, there were two competing systems of landed property; manorialism, inherited from the Roman villa system, where a large estate is owned by the Lord of the manor and leased to tenants; and the family farm or Hof owned by and heritable within a commoner family (cf. yeoman), inherited from Germanic law.

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Germanic law in the context of Medieval Scandinavian law

Medieval Scandinavian law, also called North Germanic law, was a subset of Germanic law practiced by North Germanic peoples. It was originally memorized by lawspeakers, but after the end of the Viking Age they were committed to writing, mostly by Christian monks after the Christianization of Scandinavia. Initially, they were geographically limited to minor jurisdictions (lögsögur), and the Bjarkey laws concerned various merchant towns, but later there were laws that applied to entire Scandinavian kingdoms. Each jurisdiction was governed by an assembly of free men, called a þing.

The court assembly, the thing, used the law and heard witnesses to rule whether the accused was guilty or not. There were usually two types of punishment: outlawing and fines. The most common means of justice were, however, fines; the amount varied, depending on the severity of the offense. This system was extremely intricate and the fines themselves, singularly a "mulct", were also varied according to the social status of the accused and/or the victim. Disputes of innocence were often solved by trial. These trials consisted of different tests for men and women. However, as long as the courts were not made aware of the crime, it could go unpunished or was settled outside of legal bounds by payment. There was no written code of law until after the Viking Age, but the code of fines, duels, and disavowing criminals was the standard across the Scandinavian world.

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