Jurists And Jurisprudence In Medieval Italy

This unique collection makes available, for the first time, translations of medieval Italian jurisprudence, including commentaries, tracts, and legal opinions by leading jurists.

The Politics of Law in Late Medieval and Renaissance Italy features original contributions by international scholars on the fortieth anniversary of the publication of Lauro Martines' Lawyers and Statecraft in Renaissance Florence, which is recognized as a groundbreaking study challenging traditional approaches to both Florentine and legal history. Essays by leading historians examine the professional, social, and political functions of Italian jurists from the thirteenth to the late fifteenth centuries. The volume also examines the use of emergency powers, the critical role played by jurists in mediating the rule of law, and the adjudication of political crimes. The Politics of Law in Late Medieval and Renaissance Italy provides both an assessment of Martines' pioneering archival scholarship as well as fresh insights into the interplay of law and politics in late medieval and Renaissance Italy.

In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.

Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

In Public Justice and the Criminal Trial in Late Medieval Italy: Reggio Emilia in the Visconti Age, Joanna Carraway Vitiello examines the criminal trial at the end of the fourteenth century. Inquisition procedure, in which a powerful judge largely controlled the trial process, was in regular use in the criminal court at Reggio. Yet during the period considered in this study, technical procedural developments combined with the political realities of the town to create a system of justice that prosecuted crime but also encouraged dispute resolution. Following the stages of the process, including investigation, denunciation, the weighing of evidence, and the verdict, this study investigates the court’s complex role as a vehicle for both personal justice and prosecution in the public interest.

Traces the history of the decay of Roman law and its revival in France, England and Germany in a series of lectures given at the University of London by the noted scholar Sir Paul Vinogradoff. 136 pp.

This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law.