LIVORARE

2 definitions found across Law Mind sources

LIVORAREAuthored
The Law Mind • 630 words
Definition
In old European law, to beat or bruise by beating. The term appears in Latin legal formularies of the early medieval period and describes physical violence inflicted upon a person, specifically the act of striking with sufficient force to cause bruising or bodily injury. It is a term of action rather than of injury — describing the conduct itself rather than its physical result (though the related noun *livor* denotes the bruise or discoloration caused by such a blow).
Why It Matters in Research
LIVORARE is archaic Latin legal vocabulary encountered almost exclusively in early medieval European legal formularies and Frankish ecclesiastical or administrative documents. Researchers will find it most relevant when working with primary sources drawn from the Carolingian period or earlier continental Germanic law. Its appearance in Marculf's formulary (a Frankish collection of legal forms dating to approximately the 7th century) locates the term firmly in that documentary tradition rather than in common law or later civil law sources. The term does not migrate into English common law and will not appear in English-language legal instruments, reports, or statutes. If you encounter it in a Law Mind corpus document, you are almost certainly reading a Latin formulary, a scholarly treatise on early medieval law, or a passage quoting continental sources. Context matters: a 19th-century common law treatise that references *livorare* is likely doing so comparatively or historically, not as a term of operative legal significance in that jurisdiction. Researchers should also be aware that Burrill's inclusion of this term immediately adjacent to the entry for LOAN is an artifact of alphabetical organization, not conceptual relationship. Do not read structural proximity in the dictionary as implying any legal connection between the two entries.
Historical Dictionary Support
Burrill's Law Dictionary provides the only entry among the Law Mind shelf sources. The entry is minimal: a Latin tag, a jurisdictional marker ("old European law"), a one-line gloss ("to beat; to bruise by beating"), and a single citation to Marculf's formulary (Book I, Form 29). Burrill does not elaborate on context, penalty, or procedural significance. No other standard historical law dictionaries in the Law Mind corpus — not Black's, not Bouvier's, not Tomlin's — appear to carry this term, which reflects its narrow relevance to continental medieval sources rather than to the common law tradition those dictionaries primarily serve. The citation to Marculf is genuine. The *Formulae Marculfi* (Marculf's Formulary) is a well-documented collection of Frankish legal forms, surviving in multiple manuscript traditions and edited in the *Monumenta Germaniae Historica*. Book I addresses ecclesiastical and royal instruments; Book II addresses private instruments. Form 29 of Book I concerns injury to persons, making it the natural locus for a term like *livorare*. Researchers consulting the formulary directly should note that critical editions may vary slightly in their numbering of individual forms.
Jurisdictional Note
Strictly a term of old continental European law, associated with Frankish legal practice of the early medieval period. It carries no operative meaning in English common law, American law, or modern civil law systems. Researchers working in comparative legal history or the history of Germanic customary law will find it more useful than those working in any modern jurisdiction.
Related Terms
BATTERY — the nearest common law functional equivalent (unlawful intentional physical contact causing harm) ASSAULT — related offense in modern law; note that historical usage of assault and battery differs from modern usage LIVOR — the Latin noun for bruise or discoloration; appears in forensic and medical-legal contexts as a distinct term COMMODATUM — appears immediately following in Burrill's entry sequence; no substantive relationship to LIVORARE FORMULARY — the document type in which LIVORARE is most likely to be encountered FRANKISH LAW — the legal tradition providing the primary context for this term
LIVORAREmain
Burrill's Law Dictionary • 1870
L. Lat. In old European law. To beat; to bruise by beating. Marculf. lib. 1, form. 29. LOAN, (or LOAN FOR USE.) [Sax. hlæn; Lat. commodatum.] A bailment of goods to be used by the bailce temporarily, or for a certain time, without reward. Story on Bailm. § 6. See Commodatum.

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