THE MEANING OF JURIDICAL RITUALS IN LANGOBARDIC LAW

Abstract

The article deals with the main juridical rituals in the Langobardic society: purification oath, duel, hostility and public donation. The purpose of the study is to determine the meaning of the rituals, their function and place in the proceedings. The article is based on the analysis of law codes compiled by such royal lawmakers as Rothari, Grimoald and Liutprand. Legislative sources of other Germanic tribes such as the Salian Franks, the Alemanni and the Bavarians are used for comparison. Every procedure is characterised in the context of symbolism. The article features the influence of traditional beliefs of Germans and social realia of the Langobards on the sacral procedures formation and principles. It also introduces the problem of the specifics of royal power and its activity in relation to the ordinary law mechanisms and the institutes of control on the compliance to the legal norms. The study reveals the main sacral procedures that existed in Lombard society such as cleansing vow, duel, enmity or blood feud, public donation. According to the results, a conclusion was made about the deep symbolism of the juridical rituals in the Langobardic legislation. Sacral procedures formed under the influence of ordinary legal ideas of the tribe were one of the main mechanisms of control of people’s behaviour in their society. Institutions of state power, with varying success, tried to influence the ordinary legal side of society.