Maiestas Carolina. Critical Remarks on the Sources, Declaration and “Revocation” of the Legal Code Proposed by Charles IV Cover Image

Maiestas Carolina. Kriticke postrehy k pramenum,vyhlaseni a „odvolani“ Karlova zakoniku
Maiestas Carolina. Critical Remarks on the Sources, Declaration and “Revocation” of the Legal Code Proposed by Charles IV

Author(s): Martin Nodl
Subject(s): History
Published by: AV ČR - Akademie věd České republiky - Filosofický ústav
Keywords: Charles IV; Maiestas Carolina; Legal Code; Medieval Law

Summary/Abstract: The author refers to an intentional connection between the legal code proposed by Charles IV and the Mining Code issued by Wenceslas II, which is evident from the nearly identical reliance on the divine origin of law that is manifested through the words of Dukes and Kings who may, due to divine sanctifi cation, amend the existing laws and issue new ones. & e author demonstrates that the hypothesis about the “revocation” of the code by Charles IV, which is reiterated in literature, contradicts the preserved sources. By declaring that the code had not entered into force, Charles IV temporarily resigned on the complete sovereignty of his ruling power and defi ned the domestic aristocracy as being equal representatives of the state; this was, however, only a deed of the moment that had no profound eff ect on the relation between the new Emperor and the domestic aristocratic community.

  • Issue Year: 1/2009
  • Issue No: 1
  • Page Range: 21-35
  • Page Count: 15
  • Language: Czech