Composition system

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In jurisprudence, the composition system describes the atonement of a penalty by paying an atonement to the victim of the crime or his / her family / clan. This atonement, which was made up of wergeld and penance ( compositio ), varied depending on the severity of the crime and the personal position of the injured party. Part of the fine was to be paid to the community. This part was later referred to as peace money ( fredus ) and fell to the court (about a third of the atonement).

The idea of ​​the composition system is primarily relevant to legal history and arose in the period of legal education / Franconian times (~ 500–888 AD).

The compositional system lost since 10/11. Century in importance and was replaced by a judiciary based on corporal punishment, based entirely on the deterrent principle , the Old Testament Talion principle (retribution of like with like). This administration of justice was decisive for the development of criminal law up to modern times.

Individual evidence

  1. ^ Rée, Paul: Gesammelte Werke (1875–1885), Berlin 2004, p. 579.
  2. ^ Meder, Stephan: Rechtsgeschichte, 3rd edition, Cologne 2008, p. 122.
  3. ^ Gmür, Rudolf / Roth, Andreas: Grundriss der deutschen Rechtsgeschichte, 13th edition, Munich 2011, 2nd chapter, marginal no. 24.