Justie V Montgomery Case Study

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Case I: Giroie v. Montgomery (1030-1093, France):
This case could exist under a mixture of law systems and mentalities. If the case was to interpreted as occurring after 1080, elements of Corpus Iuris Civilis, Justinian 's rediscovered law codes could come into play. Given the prevalence of vendetta and the ordeal, however, this is unlikely. This case is primarily viewed through the lens of Germanic “barbaric” law, since the deeds are viewed as private wrongs, rather than public crimes, as”the laws of the barbarian codes contain very little in the way of public or constitutional law [...] and are overwhelmingly private law” (Shaffern 103).
The prosecution is the Montgomery clan. The defendant is William Pantulf.
Pantulf is suspected by
…show more content…
The case reads more like a disjointed memory told to one by a friend, rather than a legal document. Numerous parties and deeds are described within the text, making it somewhat difficult to decipher what is truly going on. Firstly, it is odd that it is William Pantulf that appears to be the one on trial, as he did not actually commit the murder (of Mabel) for which her family is seeking vengeance and self-help. In this chaotic system of barbarian law, “the Burgundian code reminded relatives of murder victims that ‘no one can be pursued excepted the killer’ ” (Shaffern 103). This departure from typical procedure on the part of the Montgomery clan could be in an attempt to both satisfy their feud and cleanse the community by eliminating any party that supported the actual murderers, who escaped after committing the crime. Since the clan does not have access to the true perpetrators, they may be attacking the next best thing: anyone who was complicitous or supportive of the Giroie brothers, who were the ones to actually commit the killing. An emphasis is placed both on the importance of property (“pro compensatione patrimonii”) and vendetta throughout this case, further indicating that it occurred under the rule of barbarian law. “Inheritance law, family law, and torts were addressed in accord with the unwritten customs handed

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