Public Justice And The Criminal Trial In Late Medieval Italy

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.

In this important study, Trevor Dean examines the history of crime and criminal justice in Italy from the mid-thirteenth to the end of the fifteenth century. The book contains studies of the most frequent types of prosecuted crime such as violence, theft and insult, along with the rarely prosecuted sorcery and sex crimes. Drawing on a diverse and innovative range of sources, including legislation, legal opinions, prosecutions, chronicles and works of fiction, Dean demonstrates how knowledge of the history of criminal justice can illuminate our wider understanding of the Middle Ages. Issues and instruments of criminal justice reflected the structure and operation of state power; they were an essential element in the evolution of cities and they provided raw material for fictions. Furthermore, the study of judicial records provides insight into a wide range of social situations, from domestic violence to the oppression of ethnic minorities.

This collection of essays offers a unique contribution to the study of violence and justice in a late medieval and early modern Italy by combining a multivocal perspective with a case-study focus on the city-state of Bologna. Drawing on the city’s singularly rich archival resources, the authors explore various facets of violence—ranging from the interpersonal to the less frequently studied typologies of blasphemy, rape, political rebellion, and student brawls—and set the institutions of the police and law courts into their socio-political and cultural contexts. They also apply a broad variety of quantitative and qualitative approaches—processual, microhistorical, legalism, comparative and criminological—to their assessments of the procedures and practices of criminal justice and the experiences of violent behavior, providing both short-term, in-depth analyses of specific events and over-arching reviews of long-term trends. Bologna itself, with its renowned university, economic innovations, strategic importance as a commercial and cultural crossroads, its political volatility and experiments with diverse constitutional structures, provides a rewarding laboratory for analyzing changes and continuities in late medieval and early modern violence and justice. From these studies emerges a narrative that challenges the traditional portrayal of those periods as eras when brutality and rage were “normal” in social relations and criminal justice was characterized mainly by punitive strategies of torture and repression.

In a series of essays based on surviving documents of actual court practices from Perugia and Bologna, as well as laws, statutes, and theoretical works from the 12th and 13th centuries, Massimo Vallerani offers important historical insights into the establishment of a trial-based public justice system.

Utilizing a uniquely rich collection of trial records and council meeting minutes from late medieval Bologna, this book offers the first study of summary justice and oligarchy in an Italian commune, demonstrating how new legal institutions arose in response to the increasingly exclusionary policies of the popolo government.

Ceccholo, making a claim against Nello for the payment of unpaid land rent. Jacopo, Giovanni and Turi, appealing for an exemption from tax. The long queue of claimants that formed in front of the communal palace was an everyday scene in fourteenth century Lucca. What is remarkable is the enormous ubiquity of such claims. In this Tuscan city of only twenty thousand people, an average of ten thousand claims were filed at the civil court each year. Why did local residents submit claims to the commune in such numbers? And what effect did this daily accumulation have on the development of the commune? In the fourteenth century, Italian communes, the established public authorities that governed the populace, underwent a shift toward becoming oligarchic regimes. The communes' character as a form of government in which power was held 'in common' by 'the public' seemed be on the verge of disappearing. At this time, political leaders and judicial magistrates began to rely on their own discretion when rendering their decisions, a practice that was recognized as legitimate even when such decisions deviated from positive law. By the beginning of the fifteenth century, this shift in the underlying logic of the legitimacy of rulings became entrenched in the jural and political character of the commune, portending the advent of the modern era. Based on the archival records from law courts and councils, this book elucidates the process of the emergence and shaping of a new form of justice and the transformation of the commune by focusing on everyday practices that unfolded in the spheres of civil and criminal justice by inhabitants who raised claims and the governors who heard them.

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.

Historians of medieval and Renaissance Italy have long held that the Florentine republic fell victim to rule by oligarchy in the early fifteenth century. Now, in the first complete analysis of the criminal law system of Florence during this crucial period, Laura Ikins Stern argues that the vitality of Florentine legal institutions gives evidence of a centralized state bureaucracy strong enough to thwart the early development of a ruling oligarchy. Exploring the changing roles played by judicial officials as well as the evolution of Florentine government, Stern shows how these developments reflected broad-based change in society at large. From such primary documents as legal statutes and actual trial records, she provides a step-by-step explanation of trial procedure to offer a rare glimpse of inquisition methods in the secular world--from public fame initiation, through the weighing of various levels of proof, to the complex process of sentencing. And sheexplores the links between implementation of inquisition procedure, the development of the territorial state, and the struggle between republican institutions and the emerging oligarchy. The Johns Hopkins University Studies in Historical and Political Science.