"quod non possit iudiciarie terminari" : arbitration landscape in the late Medieval Swiss Confederation
| Autoři | |
|---|---|
| Rok publikování | 2024 |
| Druh | Článek v odborném periodiku |
| Časopis / Zdroj | Studia historica Brunensia |
| Fakulta / Pracoviště MU | |
| Citace | |
| www | https://hdl.handle.net/11222.digilib/digilib.80891 |
| Doi | http://dx.doi.org/10.5817/SHB2024-2-11 |
| Klíčová slova | Swiss Confederation; Bern; Fribourg; combourgeoisie; alliance; Burgrecht; federation; pact; agreement; arbitration; arbitration court; conflict mitigation; conflict resolution |
| Popis | The paper deals with federations and alliances in the late medieval Swiss Confederation, where cohesion was established by leagues and common interests. From the 13th to the end of the 15th century, the alliance landscape became so dense, that new treaties had to be carefully fitted into the existing hierarchy of alliances. Within the alliances, clauses on arbitration and its procedures took up more and more space. Thus, a dense network of a contractually defined "arbitration landscape" developed. The task of the arbitration courts was, on the one hand, to ensure the long-term validity of the alliances and, on the other hand, to be flexible enough to deal with changing power positions and to keep pace with the development of the legal framework. Older legal historical research even went so far as to see the arbitration system as the core of Swiss federal law. The focus is on a series of alliances between the two cities of Bern and Fribourg, which is used to illustrate the development of arbitration courts. The bilateral contracts of 1243, 1271, 1341, 1403 and 1454 show as an example how arbitration develops. Examples from the surrounding Alpine and pre-Alpine regions involving one of the two cities demonstrate the widespread use, procedural differentiation and regional importance of arbitration courts. |
| Související projekty: |