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Conflict Resolution and Punishment in Hungarian Medieval Laws and in Practice

    Tomáš Gábriš

Beiträge zur Rechtsgeschichte Österreichs 2 / 2013, pp. 403-412, 2014/01/30

recht [durch] setzen - Making Things Legal.
Gesetzgebung und prozessuale Wirklichkeit in den europäischen Rechtstraditionen

doi: 10.1553/BRGOE2013-2s403

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doi:10.1553/BRGOE2013-2s403


Abstract

Modern scholarship realizes that statutory law of Árpádian Hungary may not have meant to regulate actual situations, but only to follow general medieval patterns of Christian rulers issuing codes of law. Sources on actual legal practice show a different picture of the practice of conflict resolution and of punishment in comparison with the laws. They report a higher number of extrajudicial settlements and lack of any corporal punishment, in harmony with the results of research of scholars from Western Europe. This may have been caused by the fact that the immediate superior authority of the researched communities was the king whose court was far away, and the freemen (later nobles) had to settle their disputes by themselves. In such a situation corporal punishment was not the solution. Instead, compository payment was imposed in order to re-establish peace and order.