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Permanent conflict resolution at the high courts was one of the Holy Roman Empire’s main characteristics. This applies even to conflicts between rural communities and their lords, who could be dealt with, at least under certain circumstances, at the Imperial Chamber Court or the Aulic Council. These trials, however, were embedded in complicated processes of establishing and legitimizing claims on a local level as well as attempts to achieve a solution by violence or by arbitration. Researchers have stated that conflict resolution underwent, in the long run, a process of “juridification” (“Verrechtlichung”). This working paper proposes a method, based on Niklas Luhmann’s theory of procedural legitimation (“Legitimation durch Verfahren”), which possibly allows to detect elements of juridification and conflict resolution in the actions of parties and courts.
