From Archaic Law to Learned Law --From point of view of Formalistic Beginning of the Trial--

Research Project

Project/Area Number	06620005
Research Category	Grant-in-Aid for General Scientific Research (C)
Allocation Type	Single-year Grants
Research Field	Fundamental law
Research Institution	KUMAMOTO UNIVERSITY
Principal Investigator	WAKASONE Kenji Faculty of Law, Kumamoto University, Professor, 法学部, 教授 (40039970)
Project Period (FY)	1994 – 1995
Project Status	Completed (Fiscal Year 1995)
Budget Amount *help	¥1,800,000 (Direct Cost: ¥1,800,000) Fiscal Year 1995: ¥700,000 (Direct Cost: ¥700,000) Fiscal Year 1994: ¥1,100,000 (Direct Cost: ¥1,100,000)
Keywords	Archaic Law / Learned Law / Financial Compositions / Private War (Fehde) / Ordeals / Peace of God / St.Anselm / Judicial Duel / 学識法 / 呪術的儀式化 / 形式主義 / 贖罪と刑罰 / 学識裁判 / 職権手続き / 言葉による応酬 / キリスト教=倫理的刑法 / 宣誓と儀式 / 法の回復 / 法の獲得と法の授与
Research Abstract	What we shall attempt in this paper is to analyze the importance of the eleventh century as a dynamic force in the course of change of law in medieval Europe. The eleventh century belonged to the tenth and at the same time to the twelfth century. (1) It is in the proof by means of ordeals that we can speak of the eleventh century as a side of the past. The concept of the Truth, which was working in the cosmos between human being and his surrounding powers, was common ground to a primitive period in European history, lasted until about 1100. But in the work of St.Anselm we must look at another concept of the Truth. (2) We can see in the Peace of God the eleventh century as a herald of the future. At that time it appears in stead of the old composition system the criminal penalty, as occurred in the Kolner Peace of God in 1083. From the end of the eleventh century, in many countries of Europe, the forms of criminal justice began to change little by little. (3) The old and new side of the eleventh century have influence increasingly on the formation of formalistic beginning of the trial : The formation depends on the systematization of courts and the Chiristianization of heretic society.