The formation of the state-legal system in medieval Europe can be represented as a model. This is convenient for a more detailed study of historical and legal processes. This model does not completely coincide with historical reality, but it reflects the main laws of the evolution of the state and law. This process is considered on the example of medieval Castile. There the law developed in a spiral. Developed legal forms inherited from Rome were replaced by primitive barbaric law, and then returned to the patterns proposed by Roman law, but at a higher level. This evolution corresponded to the formation of state (public) power. In the described model, the following stages are highlighted. Romanization of the local population, the arrival of Roman law. Visigothic conquest, the creation of vulgar Roman law mixed with Germanic customs. The Arab conquest, the destruction of the emerging system. Castile's abandonment of the previous legal system, a return to regulation by custom. Fixing customs in court decisions, the emergence of precedents (fazañas). The influence of the Royal administration on the formation of a unified state-legal system, the creation of fuero. Development of Royal written law by means of abstract rules of law. The peculiarity of the evolution of the legal system was a fact that periods could not be rigidly separated from each other. Legal forms at each stage coexisted and interacted. Each instrument regulated legal relations in its own sphere. Another feature is that the development of law went from a narrative (a story about Law, saturated with emotions, values, morality) to an abstract faceless rule of law, the source of which was public power.
Read full abstract