Framing

This chapter explores the second component of the network of texts in which charters positioned themselves: the written law of the Visigothic code, deployed and debated in the records of transactions and disputes. Some citations of legal precepts and provisions recur so often as to be formulaic: to confirm the legality of the act, or to assess or assign the penalty for interference, law is a crucial element of the legitimising rhetoric of the text. But there are many citations which are unique or too extensive or adapted to be template, and imply first-hand engagement with law, at some stage; here the weight of legislation on inheritance, property, procedures, and penalties provided not so much a determinant of as a foundation for action. Written law enjoyed an acceptance of its framework for social relations, yet it was also an aspect of power, and the kings and counts of León above all realised its potential as a tool of lordship. The degree to which law had been internalised can be measured by ‘silent citation’, where the phrasing or force of relevant legislation has shaped text and process. Law was the language of custom and habit, spoken most fluently by the scribe.

Citation · Framing (construction) · Legislation · Linguistics · Political science · Principle of legality · Rhetoric · Classical Studies and Legal History · History · Law · Medieval Iberian Studies · Medieval Literature and History · Philosophy