Schwabenspiegel
Encyclopedia
The Schwabenspiegel is a legal code, written in ca. 1275 by a Franciscan
monk in Augsburg
. It deals mainly with questions of land ownership and fiefdom
, and it is based on the Pentateuch, Roman law
as well as Canon law
. It draws on the early 13th century
Sachsenspiegel
, and is immediately dependent on the Deutschenspiegel code.
The name "mirror of the Swabia
ns" is also taken from the Sachsenspiegel ("mirror of the Saxons"). Since the code is not prescriptive but descriptive, i.e. it records current legal practice, it does not impose any new laws, it was metaphorically compared to a mirror in which to perceive right and wrong.
Franciscan
Most Franciscans are members of Roman Catholic religious orders founded by Saint Francis of Assisi. Besides Roman Catholic communities, there are also Old Catholic, Anglican, Lutheran, ecumenical and Non-denominational Franciscan communities....
monk in Augsburg
Augsburg
Augsburg is a city in the south-west of Bavaria, Germany. It is a university town and home of the Regierungsbezirk Schwaben and the Bezirk Schwaben. Augsburg is an urban district and home to the institutions of the Landkreis Augsburg. It is, as of 2008, the third-largest city in Bavaria with a...
. It deals mainly with questions of land ownership and fiefdom
Fiefdom
A fee was the central element of feudalism and consisted of heritable lands granted under one of several varieties of feudal tenure by an overlord to a vassal who held it in fealty in return for a form of feudal allegiance and service, usually given by the...
, and it is based on the Pentateuch, Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
as well as Canon law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
. It draws on the early 13th century
Sachsenspiegel
Sachsenspiegel
The Sachsenspiegel is the most important law book and legal code of the German Middle Ages. Written ca...
, and is immediately dependent on the Deutschenspiegel code.
The name "mirror of the Swabia
Swabia
Swabia is a cultural, historic and linguistic region in southwestern Germany.-Geography:Like many cultural regions of Europe, Swabia's borders are not clearly defined...
ns" is also taken from the Sachsenspiegel ("mirror of the Saxons"). Since the code is not prescriptive but descriptive, i.e. it records current legal practice, it does not impose any new laws, it was metaphorically compared to a mirror in which to perceive right and wrong.