LEX WISIGOTHORUM

4 definitions found across Law Mind sources

LEX WISIGOTHORUMAuthored
The Law Mind • 945 words
Definition
The Lex Wisigothorum (also rendered Leges Visigothorum) is the body of law that governed the Visigoths, the Germanic people who settled the Iberian Peninsula and established a kingdom centered in what is now Spain and Portugal. It is one of the most significant of the early medieval Germanic law codes and is distinguished by its ambition to serve as a territorial rather than purely personal code — applying to all inhabitants of Visigothic territory, not merely to Visigoths by blood. The code's development was a long process of royal legislation. It was first committed to writing around A.D. 466 under King Euric (the Codex Euricianus). Subsequent kings amended and expanded it: Leovigild revised and systematized it in the late sixth century; Chindaswinth and his son Recceswinth issued a comprehensive revision in the mid-seventh century that became the definitive version, sometimes called the Liber Iudiciorum or Forum Iudicum; and a final revision was undertaken by King Egica (Egigas) near the close of the seventh century. This final recension, promulgated around A.D. 694, represents the text most commonly cited in legal historical sources under the name Lex Wisigothorum. After the Moorish conquest of Iberia in the early eighth century, the code survived among the Christian populations of the peninsula and was later translated into Castilian as the Fuero Juzgo, exerting lasting influence on Spanish legal development well into the medieval period.
Common Confusion
The Lex Wisigothorum is frequently conflated with the Lex Romana Visigothorum (also called the Breviarium Alaricianum), a related but distinct code. The Lex Romana Visigothorum, issued by King Alaric II in A.D. 506, was a compilation of Roman law adapted for the Roman provincial population living under Visigothic rule. The Lex Wisigothorum proper governed the Visigoths themselves and evolved toward a unified territorial code. Researchers encountering references to Visigothic law in historical sources must identify which code is being discussed, as the two had different sources, populations, and scholarly trajectories.
Why It Matters in Research
Researchers encounter the Lex Wisigothorum primarily in three contexts: comparative legal history, the history of Spanish law, and studies of the transition from Roman to Germanic legal systems in the early medieval West. In Law Mind corpus materials, the term appears almost exclusively in historical and comparative law sources rather than in case law or practice materials. The brief entries in Black's and Burrill's reflect its function as a reference anchor — a term a practitioner or scholar might encounter in a historical treatise and need to identify quickly — rather than as an operative legal concept. The Rapalje & Lawrence entry for this term appears to be a printing or compilation anomaly; the text under the heading "LEX WISIGOTHORUM" in that source runs into unrelated entries (the law in bankruptcy, the word "liable," and the coin "liard"), suggesting a typesetting error or a gap in the original source. Researchers relying on Rapalje & Lawrence for this term should treat that entry as unreliable. The key research trap is anachronism of scope. Modern references sometimes treat the Lex Wisigothorum as if it were a unified, stable code from the outset. In fact, it evolved across more than two centuries of royal revision, and a source citing "Visigothic law" without specifying which recension may be referring to materially different texts. The Euric recension (c. 466), the Leovigild revision (c. 580s), the Liber Iudiciorum of Recceswinth (c. 654), and the Egica revision (c. 694) are distinct documents with different coverages and emphases. For researchers working in Spanish legal history, the code's later life as the Fuero Juzgo is equally important. The Fuero Juzgo was the Castilian vernacular translation made in the thirteenth century and continued to function as a source of local law in parts of Spain and in Spanish colonial territories. References in later Iberian and Latin American legal materials to ancient Visigothic authority may trace back through the Fuero Juzgo rather than to the Latin original. Montesquieu's L'Esprit des Lois, Book 28, Chapter 1 (cited in Burrill) remains a useful starting point for the code's place in comparative legal history, though his treatment is impressionistic by modern standards. Schmidt's Civil Law (also cited in Burrill) provides more systematic historical context for the code's place in the development of European private law.
Historical Dictionary Support
Black's and Burrill's entries are substantively consistent, both tracing the code to its first written reduction around A.D. 466 and noting the Egica revision. Burrill adds the fuller sequence of royal authors — Euric, Leovigild, Chindaswinth, Recceswinth — which Black's omits, making Burrill the more useful of the two for researchers needing to situate a specific version of the code. Both cite Spelman as authority, referring to Sir Henry Spelman's Glossarium Archaeologicum, a seventeenth-century reference that itself should be treated as a historical source rather than a definitive modern account. Neither entry addresses the code's territorial ambitions or its later life as the Fuero Juzgo, gaps that reflect the scope limitations of the nineteenth-century legal dictionaries from which they derive. Rapalje & Lawrence provides no usable content on this term for the reasons noted above.
Jurisdictional Note
The Lex Wisigothorum has no operative legal force in any modern jurisdiction. Its relevance is purely historical. In Spanish and Latin American legal scholarship, however, it retains significance as a source of historical legal identity, and courts in those traditions have occasionally invoked Visigothic legal heritage in tracing the origins of specific doctrines.
Related Terms
Lex Romana Visigothorum; Breviarium Alaricianum; Fuero Juzgo; Liber Iudiciorum; Germanic law codes; Leges Barbarorum; Salic law (Lex Salica); Lex Burgundionum; personal law; territorial law; Roman law; customary law
LEX WISIGOTHORUMmain
Black's Law Dictionary • 1891
The law of the Visigoths, or Western Goths who settled in Spain; first reduced to writing A. D. 466. A revision of these laws was made by Egigas. Spelman.
LEX WISIGOTHORUMmain
Rapalje & Lawrence • 1883
-The law of (in bankrupt act). 115 Mass. 52. LIABLE, (in a statute). 2 Low. (U. S.) 354. LIARD.-A farthing.
LEX WISIGOTHORUMmain
Burrill's Law Dictionary • 1870
L. Lat. The law of the Visigoths, or Western Goths who settled in Spain; first reduced to writing, A. D. 466. They were made by Euric, amended by Leovigildus, and confirmed by Chindaswindus and Recaswindus. A revision of these laws was made by Egigas. Spelman. Esprit des Loix, lib. 28, c. 1. See Schmidt's Civil Law, Introd. 24, 25. Id. c. 121. Yearb. M. LEY, Lay, Lee, Leie, Ly. L. Fr. [from Lat. lex.] Law. Britt. fol. 1. Id. c. 100, 103. General rule de ley est. Ceo n'est ley; this is not law. 20 Hen. VI. 16. Ceo serra merveillous ley; this would be strange law. Id. T. 20 Hen. VI. 4. Si ce' cas soit ley q' Newton ad mis, donc n'est question de la ley en nostre cas; if this case be law, which Newton has put, then there is no question of the law in our case. Id. ibid. Clere ley; clear or undoubted law. Kielw. 51, 75, 198 b. Il fuit ley avant c'q' no fuim' nes, q', &c.; it was law before we were born, that, &c. Id. M. 8 Edw. III. 35. Le ley de Dieu et le ley de terre sont tout un; the law of God and the law of the land are all one. Keilw. 191. La ley voet plus toft suffer un mischeife que un inconvenience. The law will sooner suffer a mischief than an inconvenience. Litt. sect. 231. It is holden for an inconvenience that any of the maxims of the law should be broken, though a private man suffer loss. Co. Litt. 152 b. Le ley favour' la vie d'un home. The law favours the life of a man. Yearb. M. 10 Hen. VI. 51. Le ley favour l'enheritance d'un home. The law favours the inheritance of a man. Id. ibid.

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