Traditionally, historians
have marked the end of the Roman world on September 4, 476, when a
"barbarian" leader named Odoacer, King of the Heruli, dethroned the
last Roman emperor of the West: Romulus Augustulus, a 6-year-old boy. This was
a dramatic, apocalyptic time. By then the capital of the Western Empire had
moved to Ravenna, since Rome was not a safe city, having already suffered two
sackings. To some, it seemed like the end of history. In reality, it was only
the beginning.
G. W. F, Hegel in his Lectures on the Philosophy of World History; (Vorlesungen über die Philosophie der Weltgeschichte) given in the University of Berlin between 1822 and 1830, considered that Humanity in its first stage was Oriental, then it became Greek, in the third place Roman and in the fourth German. He was certainly not wrong as a new era in European history begins with the Germanic invasions of the 5th century. Because political and legal unity –established in 212 AD by Caracalla- disappears replaced by the diversity of the different Germanic peoples and kingdoms. European historians since the XIXth century have tended to consider this period as the first chapter of the history of the “European nations”. Because some states and territories are still named after the Germanic people that settled in them.
We will se that
this is not exactly true because Germans had a very different idea of what the
word “nation” means to us in the 21st century. However it is true
that some of the originally Germanic kingdoms ended up all along the centuries
becoming European states.
But who were
these Germanic People. It is difficult to know as they did not write their
Germanic languages prior to the contact with the Roman world. The first text
written in a German language was the translation of the Bible made in the 4th
century by an Arian bishop named Wulfila[1]. Why he
did so, we will see in Teaching Guide 4. The relevant point now is to
understand that prior to the “Gothic
Bible” there not written texts describing how Germans lived. We have some
mentions in Julius Caesar’s writings
as he fought them often, and a larger description in the Book of Roman historian
Tacitus (55-120), simply called “Germania”
and most likely written around the year 98 AD. Also the Nordic Sagas are interesting as they are part of the Germanic tradition, as the Vikings for instance, and the Valhala legends.
We do know that the Romans considered these people “Barbarians”. With this term the Greek designated “all he who was not Greek”. The Greeks had first used it in reference to the Persians. In the Roman Empire a person not inculcated in Roman culture was considered a barbarian. Thus were the German peoples living outside the Empire’s borders referred to as barbari. In more modern times the term acquired its meaning of “savage” or “uncivilized.”
Today we consider the date of the 4th of September of 476 as the one marking the end of the Roman Empire and generally speaking the end of Antiquity and the beginning of the Middle Ages, that is Era that saw the rising of Europe. But of course this is our vision as Europeans living in the 21st century. Odoacer himself had no idea that he was making history, as his only intention was to make possible the reunification of the Empire. Thus, he sent imperial emblems to the then Eastern Emperor Zeno (474-491), thereby acknowledging his imperium, or authority. Zeno rewarded Odoacer by appointing him consul, a position that had, in classical Rome, constituted one of supreme power, but by this point in history was nothing but a token title, an honor. Odoacer, nevertheless, relished it.
Though imperial unity was soon officially re-established, in theory, as of September 4, 476 things were, in reality, very different, as the West came under the command of a whole series of Germanic leaders who rushed to found independent kingdoms and had no intention whatsoever of submitting to the Emperor of the East. These stances, of course, did not sit well in Constantinople, where these barbarians were considered a bunch of rebels. Thus, the first Byzantine emperor who felt powerful enough to subdue these usurpers wasted no time in launching his army to regain the Empire's lost territories. His name was Justinian (527-565).
Justinian took the reunification of all the territories under his rule very seriously, initiating a series of military campaigns aimed at reconquering the former Western Empire, in order to achieve what they called the "Renewal of the Empire of the Romans" (Renovatio Imperii Romanorum). The attempt was, however, a failure as Byzantine troops managed only to occupy North Africa, the South of the Italian Peninsula, and an insignificant part of the Iberian Peninsula, and not for long. So in the end, Justinian was quite a flop as a political and military leader, but his name would go down in history for another reason, as his frustrated attempt to reconquer the former Western Empire inspired his initiative, more mundane but much more important, to compile the entire Roman legal tradition and systematically order it into a single official code to be applied across all his domains.
After the
failure of the imperial reunification attempted by Justinian, the Empire's ancient pars occidentalis definitively disassociated itself from
Constantinople-Byzantium and began a new phase of political history in
which the unitary imperial power would be replaced by a myriad of diverse kingdoms whose sovereigns did not wield anything
like the power the Roman emperors did. This was because they proceeded from a legal tradition very different from that of
Rome, one which conceived Law as a collective regulation instead of
something based on a general submission to the emperor's omnipotence. For the
Germanic peoples the legitimacy of the
Law did not emanate from the authority of the political power, but rather relied on collective decisions rooted
in the immemorial traditions of each
Germanic nation.
The Roman Historian Tacitus
(55-120 AD), in his book Germania
(98 AD) mentions that: “Princes resolve the minor things, the major ones are dealt with at
meetings for all ...”[2]; and Julius Caesar, in his Commentaries on the Gallic Wars, also confirms that
major decisions in these nomadic societies were taken by the warriors of the
group gathered in assemblies. Based on these references, legal historians have
concluded that before
their settlement in the West, social
power among the Germans was not exercised by a chief, but rather by the entire
"people" or "nation;" well, not all of them, because only the warriors (considered the most
important members of the group) gathered at these crucial meetings. It was they who resolved conflicts, applying the
non-written rules extracted from the nation’s traditional customs. Their
agreements, reached by consensus, were legitimate and binding upon all because
they represented the will of the group.
Compared to a
Roman Empire in which the Emperor had taken full control of the Law, as they
not only created it through legislation, but they applied it in the imperial
courts, the German conception of social organization was definitely very different,
as we will see. It is true that as soon as these people (nations) established
themselves within the boundaries of the Ex Western Roman Empire they tried to
imitate the Roman Emperors. But they
could not reach the same level of power and civilization because instead of one
unique power they were scattered in different Germanic kingdoms.
As we will see
in Teaching Guide 4, Europeans tried to
retrieve the imperial idea during the Middle Ages, through two crucial figures:
the Popes and the Emperors. Though this attempt was a failure as the idea
of different political unities (the kingdoms) ended up prevailing, and was definitely
consolidated in the Peace of Westphalia
(1648) that sanctioned the fact that Europe was not a universal empire but
a bunch of different independent states. Something that Europeans started to
regret after 1945, when they realized that in the new World order that came
after World War Two, if they did not unite they would become irrelevant. And
this feeling was what promoted the process
of European integration that started in 1950 and brought the European Union
in 1992.
After the Greek and the Romans, the Germans
became naturally the third pillar of European civilization. And so by different reasons. First because
they broke with the idea of unity and installed in European history the idea
that Europe is integrated by different “nations” (the different Germanic People
and the roman population). Second because they clashed with the idea
that Law and Power belonged to one person, an idea that Rome developed as you
already know after the Octavian Reform of 27 BC, that collided with the
collective conception of politics sustained initially by the Germanic nations. And
finally because they did not speak Latin but a bunch of different
languages that linguist consider members of a common Germanic core.
Let’s see all of this to understand our
European German origin, and why it ended up coexisting with the Greek and Roman
traditions.
2. How to study
Teaching Guide 3:
a) Read the
corresponding text in the “Aula Virtual”.
b) Familiarize
yourself with the basic Chronology of the period:
CHRONOLOGY
378 The Visigoths defeat Emperor Valens at Adrianople.
382 Theodosius signs a first foedus with the Visigoths. They may settle in the Empire if they pledge to defend it.
395 After the death of Theodosius I the Roman Empire is divided: the Western Empire is inherited by Honorius (395-423) and the Eastern by Arcadius (395-408).
409 Romans abandon Great Britain. Britons are not deeply Romanized. During the 5th century Great Britain is invaded by different German people. The most important are the Angles and the Saxons. They push the Britons to the mountains and to the less fertile lands (Scotland, Wales or Ireland).
410 Sack of Rome by the visigothic king Alaric.
416 Foundation of the Visigothic kingdom of Tolosa (actual French Toulouse) with Valia as its first king.
451 Battle of the Catalaunian Plains. A coalition of Romans and Visigoths defeat the Huns commanded by their chief Atila.
476, September 4: Romulus Augustus is deposed by Odoacer, the Germanic chieftain of the Heruli. The end of the Western Roman Empire.
481 Clovis (+511), of the Merovingian clan, becomes King of the Franks.
568 The Lombards,
led by King Alboin, invade Italy when pressured by the Avars, soon driving the
Byzantines out of northern Italy (Po
Valley, which comes to be called “Lombardy”).
507 King Alaric II enacts the Lex Romana Visigothorum (Breviary of Alaric), for the roman subjects of the Visigothic Kingdom of Tolosa.
527-565 Reign
of Byzantine Emperor Justinian
573 Leovigild (573-586) ascends to the Visigoth throne and is considered the founder of the Kingdom of Toledo, which would last until 711.
577 Battle of Dyrham. Decisive victory of Angles and Saxons. Beginning of Anglo-Saxon rule.
600 Aethelbert Law Code is formed. The Law of the Kingdom of Kent is the oldest written law in England.
654 Approval of the Liber Iudiciorum in the Visigothic Kingdom of Toledo. Is the first territorial Germanic Law binding both to Visigoths and Hispano-Romans that have already merged as one single people under the authority of the King of Toledo.
711 King Roderic is killed in the battle of the Guadalete River in the South of Spain, against the Muslim invaders. End of the Visigothic kingdom of Toledo.
c) Complete in your Class notebook the
following exercises:
Barbarians. Foederati.
Nation (Germanic sense). Roman universalism. Principle of personality of the
law. National Germanic Laws. Breviary of Alaric. Territoriality of the law. Liber Iudiciorum. “National states”. Principle
of nationalities (W. Wilson). Nationalism vs. Patriotism (G. Orwell). Collège
des Quatre nations (Nations of students). Consuls (Nations of merchants). Collective
Justice. Jury trial. Stare decisis.
QUESTIONS
Concrete questions
1. Why according to the text the Germanic kingdoms cannot be considered the precedents of actual European nation-states as 19th century nationalistic historians pretend?
2. Which actual European States or regions bear the name of a Germanic People? Explain why Spain or Italy don’t.
3. Define the Principles of personality and territoriality of the Law. Think of what happened in the Roman Empire after 212 and the situation after the Germanic invasions of 4th and 5the centuries.
5. Explain what meant the “Principle of Nationalities” defended by the US President Woodrow Wilson in its Fourteen Points. What were its consequences in Europe after 1919’s Treaty of Versailles.
6. What is the difference between "patriotism" and "nationalism" according to George Orwell? Look at footnote 10.
7. Which Legal institution of today come from the idea of Justice of the Germanic People?
8. What is the “stare decisis” principle.
9. Why we know better Roman Law than German Law? What is the problem for reconstructing the German Legal tradition?
General
questions
1. Explain how evolved the relationship between Germanic invaders and the Roman population of Western Europe. Think of the principles of “Personality” and “Territoriality” of the Law.
2. Explain the different senses of the word “nation” that appear in the text: Germanic sense, Medieval sense (universities and merchants), Enlightened revolutions sense and 19th century nationalists (Read the texts of John Stuart Mill and Ernest Renan, foot notes 5 and 6.
3. Was Germanic Law similar or different to Roman Law in the procedural Stage (system of Justice) and from the legislative perspective (personality vs territoriality of the Law). Justify your answer.


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