How to understand the feudal bond: a chapter in the history of Ius Commune of medieval Europe

Abstract

How should we define a feudal relationship at law? Focusing on the works of jurists of the middle of the Thirteenth Century, this article tries to find an answer to that question. Though its apparently theoretical nature, the jurists deal with this issue in the context of procedural writings. Theory and practice were much more connected than we should expect, as were scholarly legal theories and customary rules. Legal rules given by customs and by an increasing number of legislators were interpreted in the light of this broad culture, which was easily able to metabolize the new legislation and old customs, arranging them into the conceptual framework created by doctrine.