Peacelessness

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In the Germanic tribal law, lack of peace characterized the personal loss of legal protection as a result of being convicted of a crime.

history

The legal category of peacetime was essentially identical to the Reichsacht in terms of content , but the word peacelessness is mainly used in northern German and Danish sources (Old West Norse friðlauss , Old English friðleas , Old Swedish friþlös , Old Danish frithløs , Frisian fretholas , Middle Low German vredelos ). In southern sources, however, the same legal institution can be found as eight, and the process is referred to as ostracism . Even the Sachsenspiegel does not know the word peacelessness . Most of the evidence comes from the 13th to 15th centuries, i.e. the time of the peace movements .

A judgment of the lack of peace had the consequence that the condemned person lost his civil and property rights and "moved from peace into strife", in other words, was deprived of all legal protection . For example, the North Frisian Siebenhardenbeläge of June 17, 1426 named in Art. 6 for the offenses of a breach of the house peace or the plow peace the punishment of the peacetime. The fearfulness of this punishment consisted above all in the fact that the outlaw could not find any shelter or protection, because the favoritism was also threatened with peace.

Whether in the pre-Christian-Germanic legal tradition a peacemaker was also referred to as a wolf (Old Norse: vargr ), as suggested, for example, by Wilhelm Eduard Wilda in The Germanic Criminal Law of 1842, is controversial in recent research. An example of the representation of an opposing position is the book Wargus, vargr, 'Verbrecher' 'Wolf': a linguistic and legal historical study by Michael Jacoby. On the other hand, the theory that wargus or vargr was used not only in its meaning as "outcast" in certain legal texts is used in the Wargus script . A name for the wrongdoer in their historical context word of Ruth Schmidt-Wiegand represented.

See also

literature

  • Eberhard von Künßberg: Eight. A study on the older German legal language . Böhlau, Weimar 1909.
  • Michael Lundgreen: Peacelessness. In: Reallexikon der Germanischen Altertumskunde. Vol. 9. de Gruyter, Berlin / New York 1995, ISBN 3-11-014642-8 , pp. 613-621.
  • Michael Jacoby: Wargus, vargr, 'criminal' 'wolf': a linguistic and legal history investigation , Uppsala: Almqvist & Wiksell, 1974
  • Ruth Schmidt-Wiegand: "Wargus. A term for the wrongdoer in its verbal-historical context", in: On the grave crime in prehistoric times: Investigations on grave robbery and "haugbrot" in Mittel- u. Northern Europe; Report on a colloquium of the Commission for Classical Studies of Central and Northern Europe from February 14-16, 1977 , ed. by H. Jankuhn, H. Nehlsen and H. Roth, Treatises of the Academy of Sciences in Göttingen, Philological-Historical Class; Episode 3, No. 113, 1978, pp. 188-196

Individual evidence

  1. ↑ Michael Lundgreen: Peacelessness. In: Reallexikon der Germanischen Altertumskunde. Vol. 9. de Gruyter, Berlin / New York 1995, p. 614.
  2. ↑ Brockhaus´ Konversationslexikon: Lemma Friedloseness. Volume VII, Leipzig 1893.
  3. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 23.
  4. ^ Wilda, Wilhelm Eduard: Das Strafrecht der Teutons, Halle 1842, p. 280