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Procedural Law In The Thirteenth Century

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Chapter Summary

The most important development in the new law of procedure was the final prohibition against clerical participation in cases that were decided by Divine Judgement such as the carrying of hot iron: 'means of proof' that previously had been seen to reveal the will of God. While the Roman-canonical procedure is present at a very sophisticated, technical and conceptual level in many other European kingdoms, especially in southern Europe, we do not find it as explicitly or in such detail in the Law of Jylland. Previous scholarship's interpretation that medieval secular law codes reflected a tradition that simply codified existing law can thus not be sustained, at least not when considering the developments of the thirteenth century. Secular law was thus both shaped to fit existing frames and meet the law-givers' goals and to fit the particular learned tools that the lawgivers possessed.

Keywords: Europe; Jylland; Roman-canonical procedure; secular law; thirteenth century



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