Glossary entry (derived from question below)
Sep 30, 2006 20:22
17 yrs ago
German term
Vulgarrecht
German to English
Law/Patents
Law (general)
Abweichend von der vulgarrechtlichen Regel paterna paternis, materna maternis ist auch nach Art. 732 frz. Code civil (1804) die Herkunft (l'origine) der Güter ebenso unerheblich wie ihre Funktion (la nature)...
Is "vulgarrechtlich" really "vulgar-law" rule? Thanks in advance,
Frank Gentry
Is "vulgarrechtlich" really "vulgar-law" rule? Thanks in advance,
Frank Gentry
Proposed translations
(English)
4 | vulgar law | Roddy Stegemann |
3 +2 | vulgar law | Kim Metzger |
Change log
Sep 30, 2006 22:56: Steffen Walter changed "Term asked" from "vulgarrecht" to "Vulgarrecht"
Proposed translations
12 mins
Selected
vulgar law
Roman precursor of English common law.
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Note added at 23 mins (2006-09-30 20:45:47 GMT)
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A direct quote taken from the above source:
"Then on the mainland of Europe Roman and barbarian law could not remain in juxtaposition without affecting each other. On the one hand we see distinctively Roman rules making their way into the law of the victorious tribes, and on the other hand we see a decay and debasement of jurisprudence which ends in the formation of what modern historians have called a Roman " vulgar-law " (Vulgarrecht). For a short age which centres round the year Boo it seemed possible that Frankish kings, who were becoming Roman emperors, would be able to rule by their capitularies nearly the whole of the Christian Occident."
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Note added at 27 mins (2006-09-30 20:49:58 GMT)
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What was above is now below. My note was provided after my reference, because I had to clean away the bookmarks before it would read properly.
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Note added at 38 mins (2006-09-30 21:01:14 GMT)
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http://lists.washlaw.edu/pipermail/marketing/Week-of-Mon-200...
Vulgar Law - the law as it was applied by Roman provincials from the fourth century to the sixth century; It was presented as an "evolution" of pure Roman law and ran contrary to the theory of written law. Some scholars, however, regard the vulgar law as the degeneration of pure Roman law.... The text discusses West Roman vulgar law at the height of its evolution,
beginning in AD 306 with Constantine- who Levy credits as being the first official proponent of the entire vulgar law. The work also shows how it was carried on, transformed, and eliminated through its treatment by Justinian and its contact with emerging Germanic ideas.
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Note added at 23 mins (2006-09-30 20:45:47 GMT)
--------------------------------------------------
A direct quote taken from the above source:
"Then on the mainland of Europe Roman and barbarian law could not remain in juxtaposition without affecting each other. On the one hand we see distinctively Roman rules making their way into the law of the victorious tribes, and on the other hand we see a decay and debasement of jurisprudence which ends in the formation of what modern historians have called a Roman " vulgar-law " (Vulgarrecht). For a short age which centres round the year Boo it seemed possible that Frankish kings, who were becoming Roman emperors, would be able to rule by their capitularies nearly the whole of the Christian Occident."
--------------------------------------------------
Note added at 27 mins (2006-09-30 20:49:58 GMT)
--------------------------------------------------
What was above is now below. My note was provided after my reference, because I had to clean away the bookmarks before it would read properly.
--------------------------------------------------
Note added at 38 mins (2006-09-30 21:01:14 GMT)
--------------------------------------------------
http://lists.washlaw.edu/pipermail/marketing/Week-of-Mon-200...
Vulgar Law - the law as it was applied by Roman provincials from the fourth century to the sixth century; It was presented as an "evolution" of pure Roman law and ran contrary to the theory of written law. Some scholars, however, regard the vulgar law as the degeneration of pure Roman law.... The text discusses West Roman vulgar law at the height of its evolution,
beginning in AD 306 with Constantine- who Levy credits as being the first official proponent of the entire vulgar law. The work also shows how it was carried on, transformed, and eliminated through its treatment by Justinian and its contact with emerging Germanic ideas.
4 KudoZ points awarded for this answer.
Comment: "Thanks, Hamo. Your message arrived before Kim's so the points go to you. Thanks again.
Frank Gentry"
+2
12 mins
vulgar law
Yes, I think so.
"On the one hand we see distinctively Roman rules making their way into the law of the victorious tribes, and on the other hand we see a decay and debasement of jurisprudence which ends in the formation of what modern historians have called a Roman "vulgar-law" (Vulgarrecht). For a short age which centres round the year Boo it seemed possible that Frankish kings, who were becoming Roman emperors, would be able to rule by their capitularies nearly the whole of the Christian Occident.
http://www.1911encyclopedia.org/English_law
"On the one hand we see distinctively Roman rules making their way into the law of the victorious tribes, and on the other hand we see a decay and debasement of jurisprudence which ends in the formation of what modern historians have called a Roman "vulgar-law" (Vulgarrecht). For a short age which centres round the year Boo it seemed possible that Frankish kings, who were becoming Roman emperors, would be able to rule by their capitularies nearly the whole of the Christian Occident.
http://www.1911encyclopedia.org/English_law
Note from asker:
Hi Kim, Yiours and Hamo's answers were basically the same, but Hamo's arrived in my mailbox before yours. Thanks again, Frank |
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