Courtroom Oaths and Patrimonial Court in 18th-century Carniola: Vestiges of ius proprium and local autonomy (The Case of the Estate of Veldes/Bled)

Authors

  • Katja Škrubej University of Ljubljana Faculty of Law, Chair of Legal History

DOI:

https://doi.org/10.4335/212

Abstract

Prevailing concepts of »feudalism« frequently view the patrimonial court as an instrument of the coercive power of the feudal lord. Yet from the Bled archives we learn that the court served overwhelmingly the lawsuits among villagers - who were also the oath-takers - over money, property and inheritance matters. Legal rules that the court followed were pluralistic in nature. In addition, in the 18th century Carniola proceedings were held in vernacular Slovene, enabling the continuing use of vernacular legal notions (such as zastava, poroštvo) and custom-based rules, the longevity of which rivals the old communal institutions such as the župan.

Author Biography

  • Assistant Professor, Chair of Legal History, Universita of Ljubljana Faculty of Law

Published

2012-08-01

Issue

Section

Article