The Earliest Law Books of the City of Brno and Their Relation to the Contemporary Legal Practice

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Authors

FIEDLEROVÁ Naďa ŠMÍDOVÁ MALÁROVÁ Lenka

Year of publication 2017
Type Article in Periodical
Magazine / Source Krakowskie Studia z Historii Państwa i Prawa
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Doi http://dx.doi.org/10.4467/20844131KS.17.013.7557
Keywords municipal law; Brno; legal instructions; Law Book of Jan the Notary; Middle Ages
Description The essay focuses on an analysis of the earliest law books of the city of Brno with an emphasis on their relationship to contemporary legal practice. Special attention will be paid to the earliest Brno law book (inv. No. 1) and the Law Book of the City of Brno from the middle of the fourteenth century (inv. No. 2), which, despite not having a normative character, were clearly used in legal practice. This use is proven by the textual tradition of the latter law book and its preservation in several redactions that inspired later legal monuments. The second part of the essay starts from an analysis of selected regulations of the Law Book of the City of Brno and their comparison with preserved legal instructions for the town of Uherské Hradiště, which in the Middle Ages and Early Modern Period belonged to the circle of Brno municipal law. Then, on the basis of the aforementioned analysis, the relationship between contemporary practice and the texts of the given law books are evaluated. At the same time, the essay will point to the presence of the ius commune influences in the individual legal instructions.

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