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Humanities and the arts
- Medieval history
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Social sciences
- History of law
This project delves into the shift from customary law to princely written law within the framework of transitional justice in fifteenth-century Flanders and Brabant. In so doing, it will demonstrate how war and the cry for war reparations expedited slower legal evolutions. The project's hypothesis states the post-war order enabled victims to take the initiative and engage in forum shopping across various courts to petition though various arguments for compensations. However, by choosing between these courts, they also influenced the legal framework within the post-war context. Up to this point, legal transformation from customary to princely law has been solely charted through legislative documents, reaching its interpretative limitations. The late medieval world was polycentric, with a variety of legal authorities where it was far from certain that princely law would triumph. By looking at the victims, this project will chart the evolution of the arguments that were cast, by whom and when they were cast and how the courts tried to influence the litigants. Combining quantitative and qualitative approaches, this project explores the impact of post-violence legal action on legal evolution from customary to princely law. Both Flanders and Brabant saw substantial differences in the level of violence, which allows to test the possibility that post-war legal wrangling supercharged the reliance on princely law and to probe the mechanisms underpinning the consumption of justice.