EXC 2060 B3-22 - Enforcement and consensus in the ecclesiastical and secular court

Basic data for this project

Description

My project covers the possibilities of law enforcement regarding the ecclesiastical and secular law in an epoch-spanning way. Under the influence of the mediaeval church unauthorized self-help became legal: Peace was being confirmed by oath and commanded, the violation of peace was punished. Since the 12th century church established professional courts with subsequent stages of proceedings as well as prescribed procedural legislation. This change affected politics: Contributing to the modernisation of law secular rulers participated in public peace and provided manorial courts since late mediaeval times. Due to the communisation of judiciary up to the Reichsjustizgesetze in 1877/79 a loss in meaning of ecclesiastical courts developed. Nowadays mediation and resolving conflicts outside court appear to increase the amount of “delegalisation” yet again. In a great narration I aim at providing comprehensive lines as well as information regarding history and study of sources. To do so I am guided by questions concerning state sovereignty, enforcement and consensus, learned law and customary law, and ecclesiastical and secular jurisdiction. In the scope of my work for the Cluster I devote myself to the matter of contractual obligations in trials before Thing courts and ecclesiastical courts in the late Middle Ages. The specific question concerns the relation between enforcement and consensus. Trials concerning contractual obligations, meaning economical conflicts regarding contracts, were considered being secular and ecclesiastical at the same time. The duty to keep a promise given was part of the Christian doctrine of virtue, breach of promise was sinful. Therefore, ecclesiastical courts too ruled on civil as well as economical legal matters.