Germanic law

This article is about the form of law followed by early Germanic peoples. For the variety of modern civil law called Germanic or Germanistic law, see Civil law (legal system) § Subgroups.
Opening of the Edictum Rothari in an 11th- or 12th-century manuscript

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.[1][2][3] 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.[4]

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.[5]

  1. ^ Dilcher 2011, p. 251.
  2. ^ Fruscione 2010.
  3. ^ Timpe & Scardigli 2010, p. 801.
  4. ^ Dusil, Kannowski & Schwedler 2023, p. 78.
  5. ^ Shoemaker 2018, pp. 251–252.