Feud and Blood - Page 35 - The Feud in the Interrelationships Between Customary Law and Legal Process in the Adriatic Region and in the European Context. International Conference: FAIDA Feud and blood feud between customary law and legal process in medieval and early modern Europe Detail from the Heidelberger Sachsenspiegel showing the homage ceremony, in which the vassals put themselves under the protection of their lords by placing their hands between his hands, 14th century; in the Universitatsbibliothek, Heidelberg. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. In the description of the ceremony of stipulation of the truce (besa), Surja Pupovci stresses that the agreement is "tight" when the representatives of the injured parties shake their hands, but adds that "can shake a hundred hands, but the agreement remains weak if the dorzon is not there". (Đuričić, 1979, 14). 1600 FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Within one month, the perpetrators have to conclude a truce with the offended party before the podesta, otherwise he must take the vendetta. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Capo leopardino dal libro di Edward E. Evans-Pritchard: The Nuer. A description of the modes of livelihood and political institutions of a Nilotic people, Oxford, 1940. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Che cos'è la vendetta? Customary conflict resolution System, institution of social control of the community, the political-administrative-economic system and social values model. We noticed this system in: • Tribal communities • The Code of Hammurabi • Latin lex talionis • The medieval customary rite of vindicta = iustitia • Long tenure of the rite William L. Ury, "Conflict Resolution among the Bushmen: Lessons in Dispute Systems Design," Negotiation Journal vol. 11, no. 4 (October 1995), pp. 379-389 Ury concludes that "the secret of the Bushmen for managing conflicts is the vigilant, active, and constructive involvement of the community."[p. 386] The community acts as a third force in all conflicts, and actively intervenes to preserve the community's collective unity. Community norms tend to prevent serious disputes. The community works to create a favorable emotional climate for resolving disputes. The community as a whole participates in reconciling the parties‘ interests to achieve a consensual settlement, and in witnessing and responding to violations of rights and norms. Finally, conflicting parties are under social pressure to resolve their disputes. Unlike states or governments this third force is not a superior dominant force. The Bushmen community serves as an active context or background for conflict resolution. Its force is pervasive and horizontal. • “When a serious problem comes up,” writes Ury (2002), “everyone sits down—all the men, all the women—and they talk, and they talk and they talk. Each person has a chance to have his or her say. It may take two or three days. This open and inclusive process continues until the dispute is literally talked out” (p. 40). The processes involved here include mediation and consensus building. • But they are also able to prepare poison for vendetta. • Group tensions may by resolved through a "trance dance." Again, all adult members of the community attend it. People sing and clap rhythmically while the dancers dance themselves into a hypnotic trance. The tranced people are believed to receive divine advise, which they then transmit to the rest of the community. The trance dance process unites the community behind the common purpose of resolving tension. It also gives participants a broader perspective on the dispute. Bushmen‘s tradition also emphasizes apologies and forgiveness. The offending party may apologize publicly and ask for forgiveness. This publicity tends to discourage private grudges and grievances from continuing. Com‘è composto il rito? Recently I have published an article about the ritual of the notarial investiture based on a case study of a document dated in 1201 (https://www.academia.edu/9876389/Cum_lampulo_mantelli._The_Ritu al_of_Notarial_Investiture_Example_from_Istria). The medieval investiture ritual for the appointment to any type of profane duty (from kings, knights and notaries to peasants) was structured in three phases (comp. Le Goff, 'Le rituel symbolique de la vassalite'): FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Evangelist Matthew, from the 9th century Ebbo Gospels in the Municipal Library, Épernay, France 1. the gift: an offer of the gift, the acceptance of the gift (reciprocity: immixtio manum) 2. the swearing (oath) of fidelity 3. the final act: the investiture – appointment of the rights to start the office/service FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. How this idealized image intertwined itself with the social imagination and law, is amongst other testified in the ritual of vindicta: 1. The reciprocity: offense, counter offense - penitence (negotiations : vendetta), comprommiso 2. The oath: truce (tregua) (Rolandino, 1256: fidancia seu treuga) 3. The concluding act: the deliberation – peace (amor), also concluded with osculum pacis, which leads to marriage between the representatives of the feuding parties and results in children and family. The ritual begins and ends with reciprocity and with mediation of community (comp. D. L. Smail, Vengeance in Medieval Europe, 2009-Marseille; Montenegrian documents from 14th-19th Cent.). This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. 1856
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