Chapter 1

Languages of Law in Medieval Europe

• European legal systems, though sharing a heritage, display diverse linguistic characteristics stemming from varied geographic, cultural, and historical contexts.
• Latin, dominant during the medieval period, gradually faced competition from vernacular languages.
• This multilingualism, or "legal bilingualism," persisted through the 18th century, characterized by a complex interplay between Latin and vernaculars.
• The study of legal language is interdisciplinary, encompassing law, linguistics, and cultural history.

Medieval Latin and Vernaculars

• Medieval Latin served as a lingua franca, influenced by classical and vulgar Latin, and ecclesiastical traditions.
• It was a language primarily used in writing and education, less so in family settings.
• Latin’s precise legal vocabulary drew from existing concepts and incorporated contemporary terms ensuring clarity.
• Latin split into Classical and Vulgar (spoken) forms during Late Antiquity. Vulgar Latin evolved from regional influences post-Roman Empire.
• After the Roman Empire’s fragmentation, linguistic diversity grew alongside territorial divisions.
• Vulgar Latin became the base for Romance languages in certain areas.
• The Carolingian reforms, while seeking Latin purity, acknowledged the continued divergence of vernaculars.
• Documents like the Oaths of Strasbourg (842) demonstrated the integration of vernacular languages into public records, although Latin remained dominant for official legal texts.

Germanic Legislation

• Germanic peoples, post-Roman empire, had oral customary laws bound to tribal identities.
• These laws, applying to people rather than territory, were preserved orally.
• Germanic laws began to be recorded in Latin as the language of Roman civilization.
• Latinization relied on notaries and clerics, often leading to variations in grammar and syntax.
• This process represented a fusion of Germanic and Roman cultural influences.

Lombard Legal Language

• The Lombards' legal traditions, recorded in Latin (Edict of Rothari, 643), demonstrated a unique linguistic challenge.
• Lombard terms like faida (vendetta) and wegworin (road blockage) were translated into Latin or explained alongside Latin equivalents.
• Difficulty in translating the Lombard oral traditions' poetic, alliterative structure resulted in hybrid forms of language.

Notaries and Translations

• Notaries played a crucial mediating role, translating vulgar languages into Latin for legal documents, ensuring clarity and precision.
• Notarial formularies standardized legal documentation.
• The shift from Latin to vernacular languages in notarial practice began by the 16th century (e.g. France’s Ordonnance of Villers-Cotterêts, 1539).

Language of Proceedings

• Latin remained the dominant language for records and judgments in trials, but vernacular languages were used by witnesses.
• Early Germanic trials relied on oral oaths and accusations.
• Roman-Canonical trials emphasized written records and inquisitorial procedures, strengthening Latin.
• Gradually, vernacular languages were used in witness testimonies and local records with Latin persisting into the 18th century.

Explore the evolution of legal language in medieval Europe, focusing on the competition between Latin and vernacular languages. This quiz delves into the historical and cultural contexts that shaped multilingual legal systems, revealing the interdisciplinary nature of law, linguistics, and cultural history.