Abstract：

Since 19th century, many scholars have considered the law of Leges Barbarorum of early Middle Ages were customary law, coexisting in opposition to Roman statute law.Both have applicable groups, so the law presents “personal”.The law of the Burgundian Kingdom used to be thought a model embodiment of these ideas.However, the law of Burgundian kingdom is not so.The so-called “Burgundian Code” is actually named Liber Constitution, i.e.Book of Constitutions.Although it retains a small amount of customary law, it is mainly made up of constitutions, a kind of statutory law, which is formulated and promulgated by the king and nobles.It applies not only to pure Burgundians, but also to all people within the territory of the kingdom.Lex Romana Burgundionum is originally called Forma et Expositio Legum, which is not an official code but a handbook of reference.Therefore, the“customary law”and“personality”of the leges barbarorum are characterized by partial generalization, which need to be re-examined.

Keyword：leges barbarorum; customary law; personality; Burgundian Code;

Published on Journal of Northwest Normal University(Social Sciences), Issue 2, 2023.