Orality and Formalism in Medieval German Law: Preserving a Legal Tradition Cover Image
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Oralitate și formalism în dreptul german medieval: conservarea unei tradiții juridice
Orality and Formalism in Medieval German Law: Preserving a Legal Tradition

Author(s): Elena-Loredana Gogoaşe
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Middle Ages
Published by: Universul Juridic
Keywords: Orality; Formalism; Weistum; Hamburger Ordeelbook; Urteilfinder; Kerbholz; Sachsenspiegel; Eike von Repgow;

Summary/Abstract: Starting from the issues of orality and formalism, two of the defining characteristics of medieval German law, the article aims to analyze the way they contributed to the preservation and transmission of the oral legal tradition. Thus, a series of aspects related to the function of the word in medieval society, as well as the particularities the spoken language impressed on the evolution of law, are taken into account. Considering the specifics of judicial procedures and the formalism that characterized them, the article directs its attention to the transition from customary law to written law, at the same time, emphasizing the distinctive linguistic features of legal formulas.

  • Issue Year: 2022
  • Issue No: 02
  • Page Range: 91-106
  • Page Count: 16
  • Language: Romanian
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