The dCastilian erect it was the set of legal regulations, institutions and principles that governed the Kingdom of Castile during the Middle Ages. It must be borne in mind that at that time Spain had not yet been formed as a nation, so it did not apply to the current territory as a whole..
This legal philosophy inherited part of ancient Roman law and had Germanic and canonical influences. In order to consolidate, it is considered that there was an underground struggle between the old national law, focused on the dominion of the feudal lords; and the supporters of the new code, which favored the conception of an absolutist monarchy.
Some of the historical sources that led to the establishment of Castilian law were the Order of Alcalá or the Royal Order of Castile. Castilian law acquired special importance after the discovery of America.
Since the conquest and subsequent colonization were sponsored by Castile, their law was the basis of all the legislation that was introduced in the new continent..
Castilian law is defined as those legislative provisions and legal doctrine that were used in the Kingdom of Castile until the birth of the Spanish State..
This type of law is considered to have its origin in the guidelines of Roman law during the Middle Ages..
The large number of peoples that passed through the peninsula left their mark on every area of society, including, obviously, the legal.
One of the first influences were the Celtiberian regulations, although the arrival of the Romans established their right practically completely..
The later Visigothic invasion added some elements from the Germanic doctrine, as it happened later during the Arab presence in the peninsula..
In any case, Roman law managed to survive, retaining its importance through the Judges book. This updated the legislation enacted by the Visigoths, giving it a Romanized touch..
Between the 12th and 15th centuries, the union of Roman law with canon law gave rise to a common law throughout the continent, also reaching Spain.
At the time, there was a confrontation to change the legal doctrine from the one that benefited the feudal lords, to another adapted to the absolute monarchies that were being born.
Given the administrative division of what is now Spain, various legislative interpretations appeared, with specificities such as regional jurisdictions, which only affected part of the territory.
From all this right with local applications, a more global legislation emerged. The oldest known example were the laws issued by Alfonso V of León, in the year 1017. From there, the unifying impulse passed to Castile..
According to historians, it cannot be said that Castilian law was applied uniformly. Rather the opposite, since it was created and applied depending on the context.
The common regulations that were emerging were collected in the so-called Games. These formed a normative body that had its origin in Castile ruled by Alfonso X, in the second half of the 13th century. This king, called The Wise One, tried to standardize the laws of his Kingdom to the maximum possible extent.
The content of the Partidas was many times more philosophical than legal, although they were certainly legislative texts..
Already during the 15th century, writings appeared that helped to order the different regulations that still existed in the kingdom. The best example of this was the Order of Alcalá.
In reality, it was not until the discovery of America that Castilian law acquired legal status as a source of common law..
As in much of Europe, Roman law is the primary source for established legal systems.
In Castile it was no different and, despite the adaptations made by the Visigoths, the laws retained a strong influence from the legislation of the old Empire.
This type of law was being formed throughout Europe since the 1st century. In the Castilian case, there was a struggle between the so-called Roman-canon law and the old law, which contained many Germanic elements.
This mixed Roman and canonical legislation was much more advanced, with an elitist and cultured touch that the old systems lacked..
This set of legal documents is one of the most important that were issued at the time, to the point that they were in force for several centuries in Latin America.
They were promulgated by Alfonso X, king of Castile between the years 1225 and 1284. With these, an attempt was made to unify the existing legislation in the kingdom and it was known as Book of Laws.
It was King Alfonso XI who ordered the promulgation of this legal body in 1348. It is one of the fundamental works on this matter and was the key point in the evolution of Castilian law.
In this work there is an adaptation of all Roman and canon law that had been prepared by legal experts in France and Italy. Among his contributions are the principles of the new civil law, as well as the main points of the newest procedure.
It also highlights its ordering of sources of law; that is, in what order should they be applied in specific cases.
The characteristics of Castilian law were gradually adapting to the social reality that was being lived. On the one hand, to the strengthening of the monarchies against the feudal lords and, on the other, to the conquest of America, with all the new elements that it forced to consider.
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