Original scientific paper
https://doi.org/10.3935/zpfz.70.23.06
Legal System of the Crusader States and Roman Law – status quaestionis
Tomislav Karlović
orcid.org/0000-0003-1846-1318
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The article discusses the issue of possible reception of Roman law in the Crusader States, more specifically in the Kingdom of Jerusalem (1099-1291). Considering that the Crusades are relatively unknown in the field of Roman law, evidenced by a lack of studies by Roman law scholars, the basic notions of Crusades and Crusader States are explained in the introduction. This is followed by an examination of the legal system of the Kingdom of Jerusalem. It was based on the principle of personality and different ethnic/religious and social groups had their own specific sets of rules and courts to enforce them. Accordingly, these specific systems and their sources are explicated with an emphasis on the law applying to the Crusaders, or as they were called – the Franks. The central part of the article includes a critical analysis of the status quaestionis concerning the reception of Roman law in Crusader laws in literature, especially in the fundamental source of law for the burgesses of the Kingdom of Jerusalem: Livre des Assises des Bourgeois. After an assessment of the present day status of the issue and the need for re-examination, in the conclusion the author suggests the avenues of further investigation of the topic.
Keywords
Crusades; the Kingdom of Jerusalem; Livre des Assises des Bourgeois; Roman law; reception
Hrčak ID:
244578
URI
Publication date:
28.9.2020.
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