Judicial pluralism in the Visigothic kingdom of Toulouse

Type:

Book Chapter

Author:

Marie Roux

Published:

2021

Publisher:

Publications de l’École française de Rome

The aim of this paper is to explore whether the judicial pluralism of the Roman empire remained a reality in the post-Roman western kingdoms. The Visigothic Kingdom of Toulouse is an interesting case, as the interpretationes of the Breviary of Alaric are a useful source to consider how a post-Roman power preserved and changed Roman legislation regulating public and private jurisdictions. We will see that some special jurisdictions, such as that of the Urban prefect for senators, were suppressed, whereas others, such as that of military courts, were maintained. The compilers of the Breviary specified the conditions in which parties were permitted to come before communal courts and before private arbitrators. The interpretationes thus prove that part of the judicial pluralism inherited from the empire still existed and remained a part of practice.

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