Customary Law in Hungary

Martyn Rady analyses the development and use of customary law in Hungary from the Middle Ages to the end of the nineteenth century, with a brief reflection on the twentieth century. His central focus is on a significant early modern compilation, István Werbőczy’s Tripartitum (1514, published in 1517) and its subsequent interpretations and use. Werbőczy’s Tripartitum looms large in Hungarian history in general, and legal history in particular, as the only law book of the kingdom’s consuetudines that was in use for centuries. Werbőczy also expounded his ideas about customary law versus statute law, and generations of lawyers after him discussed, endorsed or refuted his tenets on customary law. Rady has tackled a large body of highly technical and complex texts to offer an admirably comprehensive and eminently readable analysis. He provides clear explanations of the medieval and early modern legal system in the Kingdom of Hungary, including the place of the Tripartitum and the courts. In five chapters, he lays out the legal aspects of the relationship between the king and the nobility; of a number of issues affecting the nobility, such as inheritance law and wardship; criminal procedure; trial and judicial decision-making; and early modern legal institutions. The last three chapters address the status of customary law after the early sixteenth century, covering the period when the Kingdom of Hungary was incorporated into the Habsburg monarchy. These include legal codification, courts and the law in the long eighteenth century, and legislation and custom in the nineteenth century. A short conclusion reflects on the longevity of customary law after the Second World War

Ancient history · Civil law (Civil law · Common law · Comparative law · Legal history · Legislation · Middle Ages · Monarchy · Nobility · Political science · Public law · Statute · Classical Studies and Legal History · Historical Geopolitical and Social Dynamics · Historical Legal Studies and Society · History · Law