Legal Definitions - leges barbarorum

Leges barbarorum refers to the customary laws that governed various Germanic tribes and other non-Roman peoples in medieval Europe, particularly during the period following the collapse of the Western Roman Empire (roughly 5th to 9th centuries AD). These laws were often based on long-standing tribal traditions, customs, and oral practices, which were eventually written down into formal codes. They represented the legal systems these groups used to regulate their own societies, distinct from the Roman law that still existed in some areas. These codes aimed to preserve the unique legal identity and social order of each tribe.

• Property Inheritance in a Visigothic Settlement: Imagine a Visigothic family living in a former Roman province in the 6th century. When the patriarch of the family dies, the question arises of how his land and possessions should be divided among his heirs.

  Instead of following the complex Roman inheritance laws, the family and the local community adhere to their ancestral Visigothic customs. These customs might dictate that land primarily passes to the eldest son, while movable goods are distributed among all children, or that a specific portion is reserved for the widow. This unwritten, customary rule, eventually codified, would be an example of leges barbarorum governing property rights.

• Dispute Resolution Among the Lombards: Consider a scenario in 7th-century Italy where a member of the Lombard tribe is accused of stealing livestock from a neighboring family within the same tribal community.

  Rather than being tried under the remnants of Roman provincial law, the dispute is settled according to the established Lombard tribal customs. These customs might prescribe a specific monetary compensation (often called "wergild") to be paid to the victim's family, or a form of public shaming, reflecting the leges barbarorum that governed their internal justice system and sought to prevent blood feuds.

• Marriage Customs of the Franks: A powerful Frankish chieftain in the 8th century wishes to arrange a marriage for his daughter with a warrior from another influential Frankish clan to solidify an alliance.

  The terms of the marriage, including the dowry exchanged, the rights and obligations of the wife within the marriage, and the process for dissolving the union, are not dictated by Roman civil law or later Christian canon law. Instead, they are governed by the long-standing traditions and customary rules of the Frankish people. These unwritten or later codified rules, which maintained social order and family alliances, exemplify the leges barbarorum.