Evolution of Judicial Systems Until 1978: From Feudalism to Modernity

The Evolution of Judicial Systems Until 1978

Historical Background

The Middle Ages, spanning from the 5th century (fall of the Roman Empire in 476 AD) to the 15th century (conquest of Constantinople by the Turks in 1453), witnessed significant shifts in judicial systems. While some mark the end with the Reconquest and the Discovery of America in 1492, the period undeniably shaped legal frameworks.

Feudalism, the dominant system in Western Europe, underpinned economic, social, and political life. Government systems relied on bonds and obligations linking kings, lords, and vassals. Legislative, executive, and judicial powers were concentrated in the hands of the King or Lord.

However, kingdoms outside Muslim rule saw a gradual shift from King-centric jurisdiction. Justice administration expanded to include Ecclesiastical Courts and mercantile courts known as consulates.

Jurisdiction and the Rise of Specialized Courts

• State jurisdiction belonged to the Monarch, who exercised it partly through Lords granted "immunity." Kingdoms like Castilla y León had "Court Cases" reserved for Royal Justice.
• A distinction arose between "Mero Impero" (cases involving death, mutilation, exile, or servitude, reserved for the King) and "Mixto Impero" (minor criminal and civil cases delegated to Lords assisted by local assemblies).

The Influence of Religion and the Emergence of Consulates

• Christianity played a unifying role in Christian kingdoms, particularly after the Reconquest, but also differentiated inhabitants of reconquered territories.
• Ecclesiastical Jurisdiction, administered by Catholic Church judges and tribunals, handled civil matters like marriage and crimes of heresy or sacrilege through diocesan bishops.
• Consulates, established in the late Middle Ages, headed Commercial Jurisdiction, overseeing commercial traffic and maritime trade in Spanish towns.

Alfonso X's "Book of Law"

Alfonso X "El Sabio's" "Book of Law" stands out as a pivotal legal text, not just of the Middle Ages but of later centuries, alongside the Fuero Real and the Speculum. Its influence extended to Hispano-America, where "The Seven Parties" were applied well into the 19th century. Written between 1256 and 1265, this unifying code of Castilian laws, divided into seven books, addressed diverse topics:

• Creation of laws and the Catholic religion (Partida I)
• Great fortunes, duties of court officials, castle tenure, war, and universities (Partida II)
• Personnel involved in justice administration, evidence, judgments, appeals, and executions