2007 Fiscal Year Final Research Report Summary
A General Inquiry into the Structural Change of the Law in 12th Century Germany : With particular Reference to Germany
| Project/Area Number |
17530003
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
NISHIKAWA Yoichi The University of Tokyo, Graduate School for Law and Politics, Professor (00114596)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Legal History / Constitutional History / Judicial Power / Landfriede / Privilege / Princes of the Empire / Hohenstaufen / Royal Chancery |
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| Research Abstract |
Having analyzed the development of the research in (1) the theory of "Papal Revolution" in the later 11th century, (2) the theory which tries to grasp the medieval law not as customary law but as legal customs, also (3) the research on the settlement of disputes in the early middle ages and (4) the modern trend to analyze the politics in the Middle Ages not as a struggle for material power but as interactions utilizing diverse forms of rituals, it became clear that these developments offer a great chance to draw an innovative picture of the legal system of the High Middle Ages.
This research focused on the gradual mutation of the structure and perception of the Reich, the new interpretation of the meaning of the so called Landfriede, and the new attitude of the royal household toward the law especially in the Hohenstaufen era. We can observe that the basis of the royal power became narrower during the Hohenstaufen rule, but this did not mean that the royal power has weakened. This led to the liberation of the King from the de facto obligation to obtain the individual consents of the mighty dynasties : . The background of the tendency of the Hohenstaufen kings to stress their obligation to make obey the law severely rather than to present themselves as benevolent rulers. Also the meaning of the Landfriede must be assessed on the ground of the understanding of law which sees the law solely in the consent of the parties. Already the repeated political pressure to acquire the consent to the Landfriede lead to the "thickening" of the legal idea of the Peace. Concerning the judicial activity of the royal power, It became clear that although the old structure remained, the royal power acquired diverse means to dictate the legal decisions.
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Research Products
(6 results)
