Feud and Blood - Page 42 - 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 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 The rite itself originates from the wedding ritual according to the ancient Roman Law tradition, that was formed primarily in the customary law and is nowadays still present and valid in every-day interactions. • 1. The offering of the engagement ring (flexibus genibus – immixtio manum), the acceptance of the ring, • 2. The betrothal – the swearing of fidelity, • 3. The wedding ceremony, the kiss (osculum pacis - amor). The immediate consequence: children, family, broader community. • Social concept, social law or concept of universe? • Marriage as the primary human institution (cf. C. Levi-Strauss), but encouraged by the conflict. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Peter Paul Rubens - Peace and War Is this really just a Myth and Illusion? The Myth of Religion Preventing Violence? FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Tiepolo: Justice and Peace Peter Paul Rubens: Victory and death of the consul Decius Mus at the battle Language of Violence? - Ritual of Vindicta - Battle Paintings in the 17th and 18th cent. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. J. M. Wallace-Hadrill, The Bloodfeud of the Franks: „Feuding in the sense of incessant private warfare, is a myth; feuding in the sense of very widespread and frequent procedures to reach composition-settlements necessarily hovering on the edge of bloodshed, is not. The marvel of early medieval society is not war but peace.“ Antonio Calza, Battle, end of 17th Cent. Crow Myths, Mediation, Reciprocity and Totemism FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Coyote C. Levi-Strauss: Scavenger: mediator between the hunters and gatherers / carnivores and vegetarians. In American tales and myths the function of the trickster can sometimes be "supported" by the coyote, sometimes by the mink, and sometimes by the crow - outlaw. Bandits - mediators between life and death / authorities and the people. What‘s happened? • La stereotipizzazione della vendetta 1500/1650/1800/1900 … • The state‘s inquisitorial process • State takes over mediation of the community • State takes exile from the ritual of revenge • State appropriates the confiscation of property • The Prince appropriates pardons and remissions (forgiveness) FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. The pardons and remissions, the settlement process, the reparation and satisfaction and the politics of peace-making was regulated through the customary rites with mediation of (tribal) community. It is certainly surprising that the system of conflict resolution in basic structural stages is formed very similarly in all human communities. The purpose of the system is peace, i.e. the culture, and the culture begins with the gift. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. There was planty of abuses of the system. But who did it? The powerfull. Who was (is) powerfull? The institutions. The history of Habsburgians for ex. shows many abuses just to reach/obtain the power. In the system of vendetta/faida … anyone belong to institution – community. So the system isn‘t private system of resolution of conflicts. Is based upon the equality of the communities, i.e. the equality of the indiviaduals is founded on comparative equality of the belonging community FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme.
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