CASTILIAN LAW: ORIGIN, SOURCES AND CHARACTERISTICS - ARTE - 2025

The d ight Castilian was the set of legal rules, institutions and principles that the Kingdom of Castile was governed during the Middle Ages. It should be borne in mind that at that time Spain had not yet been formed as a nation, so it did not apply to the entire current territory.

This legal philosophy inherited part of ancient Roman law and had Germanic and canonical influences. In order to consolidate, it is considered that there was an underground struggle between the old national law, focused on the dominance of the feudal lords; and the supporters of the new code, which favored the conception of an absolutist monarchy.

Some of the historical sources that led to the establishment of Castilian law were the Order of Alcalá or the Royal Order of Castile. Castilian law acquired special importance after the discovery of America.

As the conquest and subsequent colonization were sponsored by Castile, its law was the basis of all the legislation that was introduced in the new continent.

Origin

Castilian law is defined as those legislative provisions and legal doctrine that were used in the Kingdom of Castile until the birth of the Spanish State.

This type of law is considered to have its origin in the guidelines of Roman law during the Middle Ages.

Background

The large number of peoples that passed through the peninsula left their mark on every area of ​​society, including, obviously, the legal one.

One of the first influences were the Celtiberian regulations, although the arrival of the Romans established their right almost completely.

The later Visigothic invasion added some elements from the Germanic doctrine, as it happened later during the Arab presence in the peninsula.

In any case, Roman law managed to survive, preserving its importance through the Book of Judges. This updated the legislation promulgated by the Visigoths, giving it a Romanized touch.

Feudal society versus absolute monarchy

Between the 12th and 15th centuries, the union of Roman law with canon law gave rise to a common law throughout the continent, also reaching Spain.

At the time, there was a confrontation to change the legal doctrine from the one that benefited the feudal lords, to another adapted to the absolute monarchies that were being born.

Given the administrative division of what is now Spain, various legislative interpretations appeared, with specificities such as regional fueros, which only affected part of the territory.

From all this right with local applications, a more global legislation emerged. The oldest known example were the laws issued by Alfonso V of León in 1017. From there, the unifying impulse passed to Castile.

Castilian law

According to historians, it cannot be said that Castilian law was applied uniformly. Rather the opposite, since it was created and applied depending on the context.

The common regulations that were emerging were collected in the so-called Games. These formed a normative body that had its origin in the Castile governed by Alfonso X, in the second half of the 13th century. This king, called The Wise One, tried to standardize the laws of his Kingdom to the maximum extent possible.

The content of the Partidas was many times more philosophical than legal, although they were certainly legislative texts.

Already during the 15th century, writings appeared that helped to order the different regulations that still existed in the kingdom. The best example of this was the Order of Alcalá.

In reality, it was not until the discovery of America that Castilian law acquired legal status as a source of common law.

Historical sources

Roman law

As in much of Europe, Roman law is the primary source for established legal systems.

In Castile it was no different and, despite the adaptations made by the Visigoths, the laws retained a strong influence from the legislation of the old Empire.

Canon law

This type of law was being formed throughout Europe since the 1st century. In the Castilian case, there was a struggle between the so-called Roman-canon law and the old law, which contained many Germanic elements.

This mixed Roman and canonical legislation was much more advanced, with an elitist and cultured touch that the old systems lacked.

Seven games

This set of Legal Items is one of the most important that was issued at the time, to the point that they were in force for several centuries in Latin America.

They were promulgated by Alfonso X, king of Castile between the years 1225 and 1284. With these an attempt was made to unify the existing legislation in the kingdom and it was known as the Book of Laws.

Alcalá ordinance

It was King Alfonso XI who ordered the promulgation of this legal body in 1348. It is one of the fundamental works on this matter and was the key point in the evolution of Castilian law.

In this work there is an adaptation of all Roman and canon law that had been prepared by legal experts in France and Italy. Among his contributions are the principles of the new civil law, as well as the main points of the new procedure.

It also highlights its ordering of sources of law; that is, in what order should they be applied in specific cases.

characteristics

The characteristics of Castilian law gradually adapted to the social reality that was being lived. On the one hand, to the strengthening of the monarchy against the feudal lords and, on the other, to the conquest of America, with all the new elements that it forced to consider.

- In criminal law, all crimes and penalties became regulated. From that moment there was an obligation to comply with the obligations.

- Another aspect that consolidated this legislation was the prevalence of Christianity. Not only in religious terms, but it was established that only Catholics were full beings in law. Likewise, they were the only ones who could acquire physical goods. In the case of the conquest of America, the main importance was given to the evangelizing work.

- Abundant in religious aspects, the laws prohibited marriages between people of different beliefs. Only free men, purebred and, of course, Catholics could inherit.

- Regarding procedural law, there was a unification between the monarchs and the supreme organs, which gave more and more power to the Crown. It had to be obligatorily obeyed by the citizens.

- The equality of classes in commerce was established, ceasing to exist -in theory- the preference for social classes.

References

1. López, Hilda. Origin of Castilian law. Obtained from historiadelderechomex.wordpress.com
2. Bernal, Beatriz. Spanish Law. Obtained from leyderecho.org
3. Wikipedia. Seven Games. Obtained from es.wikipedia.org
4. Vicente Rodriguez, Helmut Georg Koenigsberger and Others. Castile and León, 1252–1479. Retrieved from britannica.com
5. Madden, Marie Regina. Political Theory and Law in Medieval Spain. Recovered from books.google.es
6. Tordesillas City Council. Alfonso XI of Castile. Obtained from tordesillas.net
7. Dori-Garduño, James E. The Forging of Castilian Law: Land Dispute Before The Royal Audience and The Transmission of a Legal Tradition. Recovered from digitalrepository.unm.edu