SALIJSKI ZAKON I KAZNA KASTRACIJE

  • Grozdana Milović-Karić
  • Đorđe Milović

Abstract

Lex Salica was made at the end of the 5th century and it governed the Salian Franks. In those times, there were other so-called leges barbarorum, which together formed (as well as Lex Salica) important source of early feudal law in Western Europe. Lex Salica included common law of the Salian Franks which was adopted by the government and therefore had the effect of the law. Most provisions included punishment by whipping, and there were two cases of punishment by castration, although, the alternative to this punishment was a hefty fine that a slave could never pay. Punishment by castration in Lex Salica was intended only for male slaves (while it was strictly forbidden to punish free people in this way) in two cases: - A slave “had sexual relations” (presumably involuntary) with another master’s female slave, if such act caused the death of said female slave. - A slave committed burglary (breaking and entering) The existing legal texts do not provide a clue as to who performed the castration of these slaves.

Key words: History of law, 5th century, physical punishment, castration, Lex Salica.

Published
2018-05-04