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fuero : ウィキペディア英語版
fuero

''Fuero'' (), ''Fur'' (), ''Foro'' () or ''Foru'' () is a Spanish legal term and concept.
The word comes from Latin ''forum'', an open space used as market, tribunal and meeting place. The same Latin root is the origin of the French terms ''for'' and ''foire'', and the Portuguese terms ''foro'' and ''foral''; all of these words have related, but somewhat different, meanings.
The Spanish term ''fuero'' has a wide range of meanings, depending upon its context. It has meant a compilation of laws, especially a local or regional one; a set of laws specific to an identified class or estate (for example ''fuero militar'', comparable to a military code of justice or ''fuero eclesiástico'', specific to the Church). In many of these senses, its equivalent in the medieval England would be the custumal.
In the 20th century, Francisco Franco's regime used the term ''fueros'' for several of the fundamental laws. The term implied these were not constitutions subject to debate and change by a sovereign people, but bills granted by the only legitimate source of authority, as in feudal times.
==Nature==

''Fuero'' dates back to the feudal era: the lord could concede or acknowledge a ''fuero'' to certain groups or communities, most notably the Roman Catholic Church, the military, and certain regions that fell under the same monarchy as Castile or, later, Spain, but were not fully integrated into those countries.
The relations among ''fueros'', other bodies of law (including the role of precedent), and sovereignty is a contentious one that influences government and law in the present day. The king of León, Alfonso V, decreed the Fuero de León (1017), considered the earliest laws governing territorial and local life, as it applied to the entire kingdom, with certain provisions for the city of León. The various Basque provinces also generally regarded their ''fueros'' also known as jauntxos as tantamount to a municipal constitution. This view was accepted by some others, including President of the United States John Adams. He cited the Biscayan ''fueros'' as a precedent for the United States Constitution. (Adams, ''A defense…'', 1786)〔Adams, John (''A Defense of the Constitutions of Government of the United States of America'' ) (1786) The Biscayan Fueros are discussed in his letter IV.〕 This view regards ''fueros'' as granting or acknowledging rights. In the contrasting view, ''fueros'' were privileges granted by a monarch. In the letter Adams also commented on the substantial independence of the hereditary Basque Jauntxo families as the origin for their privileges.

In practice, distinct ''fueros'' for specific classes, estates, towns, or regions usually arose out of feudal power politics. Some historians believe monarchs were forced to concede some traditions in exchange for the general acknowledgment of his or her authority, that monarchs granted fueros to reward loyal subjection, or (especially in the case of towns or regions) the monarch simply acknowledged distinct legal traditions.
In medieval Castilian law, the king could assign privileges to certain groups. The classic example of such a privileged group was the Roman Catholic Church: the clergy did not pay taxes to the state, enjoyed the income via tithes of local landholding, and were not subject to the civil courts. Church-operated ecclesiastical courts tried churchmen for criminal offenses. Another example was the powerful Mesta organization, composed of wealthy sheepherders, who were granted vast grazing rights in Andalusia after that land was "reconquered" by Spanish Christians from the Muslims (''see Reconquista''). Lyle N. McAlister writes in ''Spain and Portugal in the New World'' that the Mesta's ''fuero'' helped impede the economic development of southern Spain. This resulted in a lack of opportunity, and Spaniards emigrated to the New World to escape these constraints.〔McAlister, Lyle N., ''Spain and Portugal in the New World''. 1984, Univ of Minnesota Press, ISBN 0-8166-1216-1.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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