Legal Definitions - folk laws

Folk laws, also known by their Latin term Leges Barbarorum (Laws of the Barbarians), refer to the written legal codes developed by various Germanic peoples during the early Middle Ages, primarily between the 5th and 9th centuries. These laws emerged as Germanic tribes settled within the former Western Roman Empire and sought to codify their traditional customs and practices. They often blended ancient tribal traditions, which had previously been passed down orally, with influences from Roman law.

These codes were typically specific to a particular ethnic group or "folk" and addressed matters such as property rights, inheritance, marriage, and compensation for injuries or crimes. A key characteristic was often their application as "personal law," meaning they applied to members of a specific tribe regardless of where they lived, rather than as "territorial law," which applies to everyone within a geographical area.

• Example 1: The Salic Law and Property Theft

  Imagine a Frankish farmer in the 6th century whose livestock is stolen. Instead of resorting to a personal vendetta or a blood feud, the farmer would consult the Lex Salica (Salic Law), the codified folk law of the Salian Franks. This code would prescribe a specific monetary fine or compensation (a form of wergild) that the thief had to pay to the farmer, depending on the type and number of animals stolen. This example illustrates how folk laws provided a structured, written system for resolving common disputes and maintaining order within a specific Germanic tribe, codifying their traditional customs into law.

• Example 2: The Edict of Rothari and Personal Injury

  Consider a situation in 7th-century Lombard Italy where one Lombard warrior accidentally injures another during a training exercise, perhaps breaking an arm. The Edict of Rothari, the comprehensive folk law of the Lombards, would not necessarily lead to a cycle of revenge. Instead, it contained detailed provisions specifying precise monetary compensation to be paid by the aggressor to the injured party, with different amounts for various injuries (e.g., a broken finger versus a lost eye). This demonstrates how folk laws codified traditional compensation systems, known as wergild, to prevent escalating conflicts and ensure justice within the community based on their specific cultural norms.

• Example 3: Visigothic Law and Inter-ethnic Disputes

  In the early stages of the Visigothic Kingdom in Spain during the 6th century, if a Visigoth and a Roman citizen were involved in a legal dispute, such as a disagreement over land ownership, the concept of folk laws would be evident. The Visigothic Code (*Lex Visigothorum*) would primarily apply to the Visigoth, while the Roman citizen would typically be judged according to Roman law. This highlights the "personal law" aspect of folk laws, where legal systems were applied based on a person's ethnic identity rather than solely on the territory where the dispute occurred, reflecting the coexistence of different legal traditions within the same kingdom.