The Concepts of Lex and Iustitia, and the “Art” of Making Laws in Liber Iudiciorum

Abstract

Abstract Liber Iudiciorum, the first Visigothic law code with territorial jurisdiction applied to the Visigoths and Hispano-Romans, replaced the Codex Euricianus and the Breviarium Alaricianum, both following the tradition of legal reception from the ius Romanum. The continuing influence of the Roman law on Liber Iudiciorum is particularly evident in the concepts of lex (law) and iustitia (justice), as well as in the legally and morally defined figure of the lawmaker, referred to as the artifex legum, the creator of art who imparts true wisdom and knowledge to the law and upholds truth and justice. Through translation, reading, and analysis of selected texts, this article tries, albeit in a modest format, to serve as an introduction to the thought-world of the authors of the Liber Iudiciorum and to their perceptions of law and justice, whose essence lies in the fundamental questions formulated at the very beginning of the code: “Quid est iustitia, lex et ius?” and “Quid sit, agit, erit lex, quare fit lex?”. Within its realm, the law itself represents the epitome of supreme virtues and moral principles.