Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile by Joseph F. O'Callaghan

Abstract

Reviewed by: Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile by Joseph F. O'Callaghan Anthony J. Cárdenas-Rotunno O'Callaghan, Joseph F. Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile. Cornell UP, 2019. ISBN: 978-1-501-735-899. Using the Siete Partidas as the backbone of his research, but also relying on a plethora of other documents (such as Alfonsine law codes, municipal charters, foral documents, and a variety of literary and historical texts), Joseph F. O'Callaghan, "the doyen of Castilian medieval history," as rightfully acknowledged on the book's jacket cover, details in this monograph the daily life of thirteenth-century [End Page 243] Iberia. He considers the long-term consequences of Alfonso X's legal works on the administration of justice across the Spanish-speaking world, including the United States of America. He highlights the vicissitudes endured by this monarch in order to create a sweeping, yet coherent body of law during his reign. He considers Alfonso's own understanding of his role as king, lawgiver, and defender of the faith in order to evaluate the impact of his achievement on the administration of justice. Indeed, such was the power and authority of the Alfonsine code that it proved the king's downfall when the monarch himself violated it and his son invoked its laws to challenge his rule. The last chapter of the book brings this legal legacy into direct contact with current events in the United States, validating the maxim that "what is past is prologue." Following preliminaries—"Acknowledgements," "Abbreviations," and "Notes on citations and coinage"—fifteen substantial chapters fulfill the study's fourfold purpose, stated on page 4 of the first chapter: "to describe Alfonso X's struggle to create a new, coherent, inclusive, and all-embracing body of law binding on everyone"; to consider his God-given role as king and lawgiver "for the well-being of his people, the defense of the faith, and the security of the realm"; to "evaluate the impact of his legal works on the administration of justice through an elaborate system of courts, judges, and attorneys"; and to review regal legislation governing basic aspects of life: "marriage, family, and inheritance; the status of persons, freemen and slaves, lords and vassals; the ownership and possession of property; trade and commerce; crime and punishment; and the juridical status of the non-Christian peoples." The entire endeavor rests on a solid foundation of almost one thousand notes and an equally impressive number of bibliographical items divided thus: Sources (Narrative, Documentary, Legal, Literary and Scientific) and Modern Works. Chapter 2, "The Law and the Lawgiver," describes the enormous confusion that arose from having such a large number of laws and it explains how the Siete Partidas, initiated by Fernando III, proposed eliminating the disarray of disparate legal codes. Begun as the Espéculo, a final attempt at improvement appears in the Setenario. The Fuero real's structure and content derive from the Espéculo and was given to towns. O'Callaghan debunks the once-held notion that the Siete Partidas was not promulgated until 1348; Alfonso X established the Espéculo in 1254, amending and transforming it into the Siete Partidas; as a revision of the original code, the Partidas did require distinct promulgation. This all-embracing law of the land inevitably met resistance to its acceptance, required explanation of some [End Page 244] of its tenets, and, although setting the tone for the law of the land, did not impact customary law seamlessly. The Siete Partidas presented an ideal that demanded legal adjustments to make it viable in reality. Chapter 3, "Creating a Dynasty," details Alfonso X's ascension to the throne, noting that, although as religious as any other monarch, he carefully avoided any intimation of subservience to ecclesiastical authority. The chapter details the role of the princess, children, and regal siblings. With the invasion of the Marinids, the demise of Fernando de la Cerda, and the rebellion of Sancho IV, one glimpses how the orderly ideal presented in the Partidas lost efficacy. Chapter 4, "The King and his People," examines how Partida II...