Castilian Law: Origin, Historical Sources and Characteristics

He d Spanish right was the set of legal regulations, institutions and principles by which the Kingdom of Castile was governed during the Middle Ages. We must bear in mind that at that time Spain had not yet been formed as a nation, so it did not apply to the whole of the current territory.

This legal philosophy inherited part of the ancient Roman law and had Germanic and canonical influences. In order to become consolidated, it is considered that there was an underground struggle between the old national law, focused on the domain of the feudal lords; and the supporters of the new code, which favored the conception of an absolutist monarchy.

Some of the historical sources that led to the establishment of Castilian law were the Ordenamiento de Alcalá or the Royal Ordinances of Castile. The Castilian right acquired a special importance after the discovery of America.

Being the conquest and the later colonization sponsored by Castile, its right was the base of all the legislation that was introduced in the new continent.

Origin

Castilian law is defined as those legislative provisions and legal doctrine that were used in the Kingdom of Castile until the birth of the Spanish State. It is considered that this type of right has its origin in the guidelines of Roman law during the Middle Ages.

Background

The large number of peoples who passed through the peninsula left their mark on every area of ​​society, including, of course, the legal. One of the first influences was the Celtiberian regulations, although the arrival of the Romans established their right almost completely.

The later Visigothic invasion added some elements from the Germanic doctrine, as happened later during the Arab presence in the peninsula.

In any case, Roman law managed to survive, retaining its importance through the Book of judges . This updated the legislation promulgated by the Visigoths, giving it a Romanized touch.

Feudal society versus absolute monarchy

Between the twelfth and fifteenth centuries, the union of Roman law with canon law gave rise to a common law throughout the continent, also reaching Spain.

There was a confrontation at the time to change the legal doctrine from which it benefited the feudal lords, to another adapted to the absolute monarchies that were being born.

Given the administrative division of what is now Spain, various legislative interpretations appeared, with specificities such as regional fueros, which only affected part of the territory.

From all this right with local applications, a more global legislation was emerging. The oldest known example was the laws issued by Alfonso V de León, in the year 1017. From there, the unifying impulse passed to Castile.

Spanish law

According to the historians, it can not be affirmed that the Castilian right was applied in a uniform way. Quite the contrary, since it was created and applied depending on the context.

The common rules that were emerging were collected in the so-called games. These formed a normative body that had its origin in Castile ruled by Alfonso X, in the second half of the thirteenth century. This king, called The Wise, tried to standardize the laws of his Kingdom to the maximum possible extent.

The content of the Games was often more philosophical than legal, although they were certainly legislative texts.

Already during the fifteenth century appeared writings that helped to order the different regulations that still existed in the kingdom. The best example of this was the Ordenamiento de Alcalá.

In fact, it was not until the discovery of America that Spanish law acquired legal status as a source of common law.

Historical sources

Roman law

As in much of Europe, Roman law is the first source in which established legal systems drink. In Castile it was not different and, in spite of the adaptations made by the Visigoths, the laws retained a strong influence of the legislation of the old Empire.

Canon law

This type of right was forming throughout Europe from the first century. In the case of Castilian, there was a struggle between the so-called Roman-canon law and the old right, which contained many Germanic elements.

This legislation mixes Roman and canonical was much more advanced, with an elitist and cult touch that lacked the old systems.

Seven games

This set of Legal Matches is one of the most important that were issued at the time, to the point that they were in force for several centuries in Latin America.

They were promulgated by Alfonso X, king of Castile between the years 1225 and 1284. With these it was tried to unify the existing legislation in the kingdom and was known as Book of the Laws .

Ordination of Alcalá

It was King Alfonso XI who ordered the enactment of this legal body in the year 1348. It is one of the fundamental works in this area and was the key point in the evolution of Spanish law.

In this work there is an adaptation of all Roman and canon law that had been developed by legal experts in France and Italy. Among his contributions are the principles of the new civil law, as well as the main points of the new procedure.

It also highlights its arrangement of sources of law; that is, in what order they should be applied in specific cases.

characteristics

The characteristics of the Castilian right were adapting little by little to the social reality that was lived. On the one hand, the strengthening of the monarchy against the feudal lords and, on the other, the conquest of America, with all the new elements that forced to consider.

- In criminal law, all crimes and penalties became regulated. From that moment, there was an obligation to comply with the obligations.

- Another aspect that consolidated this legislation was the prevalence of Christianity. Not only in religious terms, but it was established that only Catholics were full beings in law. Likewise, they were the only ones who could acquire physical goods. In the case of the conquest of America, the evangelizing work was given principal importance.

- Abundant in the religious aspects, the laws prohibited marriages between people of different beliefs. Only free men, of pure race and, of course, Catholics, could inherit.

- Regarding the procedural law, there was a unification between the monarchs and the supreme organs, which gave more and more power to the Crown. It had to be obligatorily obeyed by the citizens.

- The equality of classes in commerce was established, ceasing to exist -in theory- the preference for social classes.

References

1. López, Hilda. Origin of the Castilian right. Retrieved from historiadelderechomex.wordpress.com
2. Bernal, Beatriz. Spanish Law. Retrieved from leyderecho.org
3. Wikipedia. Seven games. Retrieved from es.wikipedia.org
4. Vicente Rodriguez, Helmut Georg Koenigsberger and Others. Castile and León, 1252-1479. Retrieved from britannica.com
5. Madden, Marie Regina. Political Theory and Law in Medieval Spain. Recovered from books.google.es
6. City Council of Tordesillas. Alfonso XI of Castile. Retrieved from tordesillas.net
7. Dori-Garduño, James E. The Forging of Castilian Law: Land Dispute Before The Royal Hearing and The Transmission of a Legal Tradition. Retrieved from digitalrepository.unm.edu