Medieval Law: A Multifaceted Legal Experience

Chapter 5. MIDDLE AGES: AN EXPERIENCE IN MULTIPLE LEGAL LAWS

Item 4: The Medieval Legal

Legal experience is a set of fundamental policies that need to be implemented. It's a prism that specifies, concretizes, and translates attitudes and orientations of legal action into effective life schemes.

This instrument of specification and realization is precisely the OJ through which experience is expressed. The system is made of schemes able to order reality, thanks to their specificity.

The law, as the "organization, structure, and situation of the society in which it develops and what constitutes it as a unit," was essentially cut off from political power and historical projection. In the absence of the State, the law could operate under the power of the state. The law was linked to the society in which it appeared. This critical dimension gave the law a deeper ontic character, adhering to the most hidden foundations of the social. Inevitably, there is a primacy conquered, without a doubt, for this was indeed the fundamental guarantee of cohesion and unity.

Roman law was perceived by society as naturally legal, above all legal. Medieval society was, in fact, a stateless society where, due to the permanence of this political vacuum, the law sublimated its function and was placed at the center of society.

It represents the lasting formation beyond the episodic nature of most basic policies. In the modern world, despite the large fig leaves of 17th and 19th-century codification, which impoverish the law, the links and conditions for power separate it from the social.

Medieval Law

Medieval law is a great legal experience encompassing a multitude of jurisdictions where the law is the social order, a spontaneous motor that comes from a society that governs itself. Through the daily litigation, this independence is built, creating a true protective niche for individuals and groups. Law permeates society and survives because it is, above all, law, because of its legal articulation.

The availability of the legal reserve has often been unconsciously infected. The first impact of the plurality of legal systems has been the severing of the necessary presence of the state to cause the production of law. However, the belief that among all jurisdictions, there is one that is qualitatively different—the law of the state—has remained stubbornly rooted, demonstrating the continued victory of a psychological statism.