Visigothic Law and Its Evolution in Medieval Spain
The Two Theses of Nationality and Territoriality
There are two theses of nationality and territoriality. The union, a legal entity that appears in 654, is the only right that takes place in the territory, daring to govern the Liber Iudiciorum. It is assumed that both communities had a different legal system. Problems of territoriality arise because subsequent law supersedes prior law when referring to the same subject, as not doing so would break the principle of legal security. This is a fundamental right, and Tremeda raises doubts about this thesis. From 475, both communities have the right applied by Euric. The reason to revise the code of Euric is not justified; Leovigild’s reform of a code already 30 or 40 years old. The same grace thesis Gayo reform said it was logical that Leovigildo perfectly took to revise the Roman king Euric. The Visigotorum, is not a real law, but has the character of an educational book of Roman vulgar law. It produces a unification of law that somehow loses its Germanic root.
Lesson 15.1: The Disappearance of the Visigothic Kingdom of Toledo
The disappearance of the Visigothic kingdom of Toledo was a complete break with the civil law on the peninsula. Many think there is a prolongation, despite the transformations in the social and political order that are produced by the Muslim occupation. Characteristically, Muslim religious law dictates that they could only be governed by rules that follow the teachings of Muhammad. During at least the first two centuries of occupation, most of the Hispano population kept their religion and, as a result, their own right, releasing the Iudiciorum. They only became subject to Muslim law in politico-administrative rules of coexistence.
Continuity of Visigothic Legislation
The continuity of Visigothic legislation is most problematic regarding the Cantabrian mountain range. The problem lies in clarifying the extent of the Visigothic presence in the west of the mountains. All indications point to a restricted administrative presence, limiting the application of Visigothic law among Asturians and Cantabrians. After the Muslim invasion, small groups of magnates and ecclesiastics took refuge in this land, but a minority indigenous population, with customary law, remained in force. Gradually, there was a transformation in the social structures and economic needs of the northern peoples due to the implementation of pre-feudal systems. From the time of King Aurelius, there was a response to this increasing “señorialización” (lordification) of a society that had been characterized by its margin of freedom. The right of the High Middle Ages was heir to tradition, and a possible right. The incorporation of elements of other rights, either in the pre-Muslim settlement or in medieval times, in no way affects the essentially Roman character; quite the contrary, it may explain the appearance of flexible Romance rights.
Survival of the *Liber*
One must admit the survival of the Liber as a result of the disappearance of the Visigothic kingdom and explain the tradition of Roman-Visigothic evolution in the High Middle Ages. The survival of the Liber does not mean a continued, unchanged existence, but rather a permanence of the general right of the Liber. Only those institutions that were still valid for residents of the Christian kingdoms will be retained. Secondly, the fact that the Liber contains a written law in Latin makes it a law inaccessible to a large majority of the illiterate population. This accentuation of the phenomenon conducive to a popularization of the old Visigothic code. Alongside this right, a new right began to develop, with special, lordly customs.