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How were Germanic customs turned into declared law?
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Germanic law
Euric, statue in the Plaza de Oriente, Madrid.
Germanic law was not originally created by a central authority but existed as the unwritten custom of specific tribes. These customs were transformed into declared law through the creation of the Leges Barbarorum, which served as written records of existing practices rather than modern legislation.1
The process of codification typically involved the following steps:
- Collection: Chosen representatives, such as the four men mentioned in the Salic Law, gathered and discussed traditional practices with local popular assembly leaders to document specific cases.1
- Declaration: The initiative for declaring these customs as law usually came from the king. Because these compilations often required the approval of popular assemblies, they were sometimes termed an "agreement" or pactus.1
- Focus: These codes did not attempt to define all legal rules. Instead, they concentrated on clarifying matters that had become uncertain due to migration or conquest, particularly regarding court procedures, monetary compensation for violence, and inheritance.1
Over time, this collaborative process shifted as kings began to legislate unilaterally, eventually leading to royal ordinances known as capitularia.1