Le jugement divin, variations byzantines. Duel judiciaire et épreuve du fer rouge dans la pratique judiciaire à Byzance (XIIIe-XIVe siècles)

Droit et Cultures

关键词: Byzantine justice;    crusades;    hot iron;    judicial combat;    oath;    ordeal;   

DOI  :  

来源: DOAJ

【 摘 要 】

The contact of the Byzantine world with the Crusades and the Latin East provoked repercussions in the domain of Byzantine justice. Instead of the methods of proof established by the Roman law, the application of judicial combat and that of trial by hot iron appear in form almost similar to the Western. The lack of a strong central power and the subsequent crisis of the rules of Roman law permitted their diffusion throughout the Byzantine world. Despite the reaction of ecclesiastical scholars, like Demetrios Chomatianos, trial by hot iron was widely applied in Epirus during the 13th century. In Nicea, in the case of high treason (1252), where Michael Palaiologos, the future emperor, was accused – and where a judicial combat took place during the instruction - pressure was putted on the accused so that he would submit himself to the ordeal. Although Michael later abolished the ordeals and the judicial combat, their existence did not disappear: during the 14th century the practice of using hot iron is attested by the emperor John Cantacuzenos and the practice of the «cauldron» appears in the Code of Stephan Dusan, King of Serbs.

【 授权许可】

Unknown