Year of Graduation
A Comparative Analysis of Feudal Law of Sachsenspiegel and Schwabenspiegel
The Saxon mirror (Sachsenspiegel), and the Swabian mirror (Schwabenspiegel) – legal collections of the XIII century, which had their influence on the territory of medieval Germany. The aim of this work is to study the class structure from the law point of view , based on the provisions of the landrecht and the lehnrecht, on the source material of the Saxon mirror and Swabian mirror. The analysis of the social structure of the society will be carried out on the basis of the provisions of the two collections. Due to this comparison, research work show the correlation of the right to land ownership from the class structure, the division of the population on two grounds - in relation to the court and to the military shield. Mainly, the inequality of society by dividing the class type was reflected in to the free and dependent, inside of which there is a division on free born and free base. Special attention is paid to the position of the king and consideration of such a category of law as "Royal law". Changes in the privileges and duties of the king and the secular princes are clearly reflected in the text of the legal collections. This work proves the uniqueness of the Swabian mirror due to the absence of full reception of the text of the Saxon mirror, which is proved by the example of the considered provisions. The text does not present judicial practices. The right is considered from the position as it is presented in the collection. In addition to the analysis of the system of jurisdiction, judicial system, forms of ownership and class structure, the research work presents the characteristics of both collections of law and their political context.