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The Beginning of Roman Law Jurisprudence and Teaching in the Twelfth Century: the Authenticae
Rivista Internazionale di Diritto Comune 22 (2011) 35-53 KENNETH PENNINGTON The Beginning of Roman Law Jurisprudence and Teaching in the Twelfth Century: The Authenticae There has been vigorous debate in recent years about when and where jurists began to teach Roman law. That debate is the larger context in which this essay should be read1. Here I will attempt to provide evidence for one aspect of the jurists’ work at the dawn of the * Kelly-Quinn Professor of Ecclesiastical and Legal History, The Columbus School of Law and the School of Canon Law, The Catholic University of America, Washington, DC. 1 Anders Winroth has argued that the teaching of Roman law in Bologna began in the 1130’s, The Making of Gratian’s Decretum (Cambridge Studies in Medieval Life and thought 49; Cambridge: Cambridge University Press, 2000) 173; I have written several essays discussing the appearance of Roman law in secular and ecclesiastical legal texts of the first half of the twelfth century and have concluded that the teaching of Roman law must have begun in the early twelfth century or even before. See K. Pennington, ‘The Birth of the Ius commune: King Roger II’s Legislation’, Rivista Internazionale di Diritto Comune 17 (2006) 23-60; idem, ‘The Practical Use of Roman Law in the Early Twelfth-Century’,Handlung und Wissenschaft: Die Epistemologie der Praktischen Wissenschaften im 12. und 13. Jahrhundert, edd. Matthias Lutz-Bachmann and Alexander Fidora (Wissenskultur und Gesellschaftlicher Wandel 29; Berlin: Akademie Verlag 2008) 11-31; idem, ‘The “Big Bang”: Roman Law in the Early Twelfth-Century’, Rivista Internazionale di Diritto Comune 18 (2007) 43-70; idem, ‘Roman Law at the Papal Curia in the Early Twelfth Century’, Canon Law, Religion, and Politics: Liber Amicorum Robert Somerville, edited by Uta-Renate Blumenthal, Anders Winroth, and Peter Landau (Washington, DC. -
8 the Ignorant Seller's Liability for Latent Defects: One
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by DSpace at VU 8 The Ignorant Seller’s Liability for Latent Defects: One Regula or Various Sets of Rules? Jan Hallebeek* A. INTRODUCTION B. ROMANLAW (1) Traces of historical developments in the Corpus iuris (2) Justinianic law C. THE ERA OF THE GLOSSATORS (1) Early legal scholarship (2) Placentinus and Johannes Bassianus (3) Azo (4) The last generation of glossators (5) Conclusions (a) Actio empti; actio quanti minoris (b) Praetorian remedies (c) The view of Accursius D. FROM THE GLOSSA ORDINARIA TO THE FOURTEENTH CENTURY (1) Romano-canonical procedure (2) The school of Orleans and Cinus E. THE ERA OF THE COMMENTATORS (1) Liability of the ignorant seller in case oflatent defects (2) The scope of the Aedilician actio quanti minoris (3) Claiming price reduction: one remedy or various sets of rules? F. CONCLUSIONS * The author is grateful to Kees Bezemer (Leiden) and Wim Decock (Leuven) for their comments on a draft version of this paper and to Margaret Hewett (Cape Town) for correcting the English and for further advice. 170 EUP_Cairns_09_Ch8.indd 170 24/02/2010 14:50 the ignorant seller’s liability for latent defects 171 A. INTRODUCTION In 1999 a European Directive was issued that required specific protection for the buyer of consumer goods. This was subsequently implemented in the various European jurisdictions. When repair or replacement of these goods, in the case of non-conformity, is impossible or cannot be demanded or when the seller refuses to provide either of these solutions, the buyer has the remedies of reduction in price and rescission.1 The corresponding liability of the seller does not necessarily depend on explicit warranties, contractual clauses or any kind of malicious intent (mens rea) on his side, but is simply imposed by the law or based on an implied warranty. -
Jason Taliadoros I. INTRODUCTION This Paper Is an Attempt to Reflect
SACRED RULES, SECULAR REVELATIONS: THE CONCEPTIONS OF RIGHTS IN PRE-MODERN EUROPE Jason Taliadoros I. INTRODUCTION This paper is an attempt to reflect on the methodological approaches that I bring to ‘reading law’ in my current project on understandings of individual rights in the legal and theological texts of the twelfth- and early thirteenth-century Middle Ages, entitled ‘Sacred Rules, Secular Revelations: The Conceptions of Rights in Pre-Modern Europe’.1 It is first necessary to say something about my own intellectual background, which informs the methodologies that I employ in this research. I am an historian and lawyer. Following my undergraduate training in law and history, I worked as a lawyer in private and in-house roles off and on for more than five years. In one of these ‘off’ periods, I completed my PhD in the discipline of history, although the subject matter of my thesis dealt with legal history, intellectual history, history of law, and the history of ideas. For a time I taught medieval history in Australia and the United States. In a subsequent, but not contiguous, ‘off’ period, I published this PhD thesis as a monograph (Taliadoros 2006b). My current role is the third ‘off’ 1 This research forms part of my Discovery Project ‘Sacred Rules, Secular Revelations: The Conceptions of Rights in Pre-Modern Europe’, which is funded by the Australian Government ARC through its National Competitive Grants Program and institutionally supported by the School of Historical Studies at Monash University. I wish to acknowledge and thank both these institutions. Sortuz. Oñati Journal of Emergent Socio-legal Studies. -
Collaborators, Collaboration, and the Problems of Empire in Napoleonic Italy, the Oppizzoni Affair, –
The Historical Journal, , (), pp. – © Cambridge University Press This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/./), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited. doi:./SX COLLABORATORS, COLLABORATION, AND THE PROBLEMS OF EMPIRE IN NAPOLEONIC ITALY, THE OPPIZZONI AFFAIR, – * AMBROGIO A. CAIANI University of Kent ABSTRACT. The recent bicentennial commemorations of the Napoleonic empire have witnessed a proliferation of new studies. Scholars now possess much more sophisticated conceptual tools than in past decades with which to gauge the problems faced by French imperial administrators throughout Europe. Well-trodden concepts, like centre/periphery or collaboration/resistance, have been reinvigo- rated by more sophisticated understandings of how rulers and ruled interacted in the early nineteenth century. This article argues that, while much progress has been made in understanding problems of ‘resistance’, there is more to be said about the other side of the same coin, namely: ‘collaboration’. Using the micro/local history of a scandal in Napoleonic Bologna, this article wishes to reaffirm that collaboration was an active agent that shaped, and often shook, the French imperial project. The biggest problem remained that, despite ‘good intentions’, collaborators sometimes simply did not collaborate with each other. After all, imperial clients were determined to benefit from the experience of empire. The centre was often submerged by local petty squabbles. This article will use a specific micro-history in Bologna to highlight the extent to which Napoleonic empire builders had to thread a fine line between the impracticalities of direct control and the dangers of ‘going native’. -
Medibvbl Politicai, Theory in the West
A HISTORY MEDIBVBL POLITICAI, THEORY IN THE WEST SIR R. W. CARLYLE, I<.C.S.I., C.1.E. AND A. J. CARLYLE, MA., I).LITT. LELPUXEII. IY POLllILY (LAlK FILIOW) 01 UYIVI KSIIY COLLEG* , LhLTURbR IN I01 11 ICS AND ECONOMICS OF LINCOLN CO1 LEOE , nORBIrh IIEMBLR OF THZ LlOYAL YOCILTY U) YAPLL& THE POLITICAL TlIEORY OF THE ROMAN LAWYERS AND THE CtlNONIS'lS, FROM THE TENT11 CENTURY TO lHE THIRTEENTH CENfl'URY BY A. J. CARLYLE, h1 A, D.LITT. THIRD IMPRESSION WILLIAM BLACI<WOOD & SONS LTD. EDINBURGH AND LONDON MCML Prtnled tn Great Drttatlt All Rzghts reserved PREFACE TO VOLUME 11, WITH this volume we begin the treatment of the political theory of the great period of the Middle Ages, our first volume having really the character of an introduction to this. The materials have, on closer examination, proved to be so large and complex that we have been compelled to devote a whole volume to the political ideas embodied in the two great systems of law which are derived directly from the ancient world. I have felt very keenly how difficult and dangerous a thing it is for a student of history, who has no technical legal braining, to deal with those great juristic documents ; and indeed I should have felt much hesitation in presenting the result of this work to the public if it had not been for the great kindness of a number of scholars eminent in the civil and the canon law. I must therefore express my most sincere thanks, first to Professor Fitting of Holle, Professor Meynial of Paris, and Professor Vinogradoff of Oxford, who have very kindly read the proofs of the first part of this volume: and secondly, to Professor Andrea Galante of Innsbruck, who has been so kind as to read the proofs of the second part. -
Western European Legal History
Western European legal history Section B: Interactions of Roman and local law: twelfth–sixteenth centuries A.D.E. Lewis This study guide was prepared for the University of London by: Professor A.D.E. Lewis, MA LLB (Cantab), Professor of Comparative Legal History at University College London. This is one of a series of study guides published by the University. We regret that the author is unable to enter into any correspondence relating to, or arising from, the guide. If you have any comments on this study guide, favourable or unfavourable, please use the form at the back of this guide. Publications Office The External Programme University of London Stewart House 32 Russell Square London WC1B 5DN United Kingdom www.londonexternal.ac.uk Published by the University of London Press © University of London 2007 Printed by Central Printing Service, University of London All rights reserved. No part of this work may be reproduced in any form, or by any means, without permission in writing from the publisher. Contents Contents Introduction 1 Chapter 1 Gratian and the formation of the learned Canon law 3 1.1 Gratian and his Decretum 4 1.2 The context of Gratian’s work 5 1.3 Gratian and Roman law 7 Chapter 2 The consolidation of Roman law: the Glossators 11 2.1 The study of Roman law at Bologna 12 2.2 The literature of the glossators 13 2.3 The University of Bologna and its personnel: Bulgarus and Martinus 14 2.4 The spread of the glossatorial tradition and its consolidation 15 2.5 Canon law and Roman law 17 Chapter 3 The expansion of Roman law -
The Lawyers Discover the Fall of Rome
The Lawyers Discover the Fall of Rome JAMES Q. WHITMAN Petrarch detested lawyers. The story ofhis experience oflaw is familiar. In 1316 Petrarch, then twelve years old, was sent by his father to study law, first in Montpellier, then in Bologna, the oldest center of Roman law studies in Europe. Bologna entranced him in some ways: there were great law teachers there, he later wrote, who were like the ancients themselves returned to life. I Nevertheless, if he looked up to some of his teachers, his studies in Bologna taught Petrarch to despise the general soullessness and avarice offourteenth-century lawyers. Lawyers, he later wrote, cared nothing for antiquity and everything for money: to them "everything is for sale:'2 It was not, he assured readers of his Epistle to Posterity, that he found the subject too difficult. On the contrary, "many asserted that I would have done very well if I had persisted in my course. Nevertheless I dropped that study entirely as soon as my parents' supervision was removed. Not because I disliked the power and authority of Roman law, which are undoubtedly very great, or its saturation with Roman antiquity, which I love; but because men, in their wickedness, pervert Roman law when they employ it."3 Appalled by what he had seen, he gave up law for more honorable pursuits. In subsequent centuries, it became a fundamental tenet of the humanist tradition that the mature work of Petrarch represented a historic break with the crass mentality of medieval lawyers. Once Petrarch had escaped from his ignorant and inflexible teachers, later humanists believed, he was able to see what they had not been able to see: that Italy had fallen into a state of desperate barbarism. -
Download Free at ISBN 978‑1‑909646‑72‑8 (PDF Edition) DOI: 10.14296/917.9781909646728
Ravenna its role in earlier medieval change and exchange Ravenna its role in earlier medieval change and exchange Edited by Judith Herrin and Jinty Nelson LONDON INSTITUTE OF HISTORICAL RESEARCH Published by UNIVERSITY OF LONDON SCHOOL OF ADVANCED STUDY INSTITUTE OF HISTORICAL RESEARCH Senate House, Malet Street, London WC1E 7HU First published in print in 2016 (ISBN 978‑1‑909646‑14‑8) This book is published under a Creative Commons Attribution‑ NonCommercial‑NoDerivatives 4.0 International (CC BY‑ NCND 4.0) license. More information regarding CC licenses is available at https://creativecommons.org/licenses/ Available to download free at http://www.humanities‑digital‑library.org ISBN 978‑1‑909646‑72‑8 (PDF edition) DOI: 10.14296/917.9781909646728 iv Contents Acknowledgements vii List of contributors ix List of illustrations xiii Abbreviations xvii Introduction 1 Judith Herrin and Jinty Nelson 1. A tale of two cities: Rome and Ravenna under Gothic rule 15 Peter Heather 2. Episcopal commemoration in late fifth‑century Ravenna 39 Deborah M. Deliyannis 3. Production, promotion and reception: the visual culture of Ravenna between late antiquity and the middle ages 53 Maria Cristina Carile 4. Ravenna in the sixth century: the archaeology of change 87 Carola Jäggi 5. The circulation of marble in the Adriatic Sea at the time of Justinian 111 Yuri A. Marano 6. Social instability and economic decline of the Ostrogothic community in the aftermath of the imperial victory: the papyri evidence 133 Salvatore Cosentino 7. A striking evolution: the mint of Ravenna during the early middle ages 151 Vivien Prigent 8. Roman law in Ravenna 163 Simon Corcoran 9. -
Collaborators, Collaboration, and the Problems of Empire in Napoleonic Italy, the Oppizzoni Affair, –
The Historical Journal, , (), pp. – © Cambridge University Press This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/./), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited. doi:./SX COLLABORATORS, COLLABORATION, AND THE PROBLEMS OF EMPIRE IN NAPOLEONIC ITALY, THE OPPIZZONI AFFAIR, – * AMBROGIO A. CAIANI University of Kent ABSTRACT. The recent bicentennial commemorations of the Napoleonic empire have witnessed a proliferation of new studies. Scholars now possess much more sophisticated conceptual tools than in past decades with which to gauge the problems faced by French imperial administrators throughout Europe. Well-trodden concepts, like centre/periphery or collaboration/resistance, have been reinvigo- rated by more sophisticated understandings of how rulers and ruled interacted in the early nineteenth century. This article argues that, while much progress has been made in understanding problems of ‘resistance’, there is more to be said about the other side of the same coin, namely: ‘collaboration’. Using the micro/local history of a scandal in Napoleonic Bologna, this article wishes to reaffirm that collaboration was an active agent that shaped, and often shook, the French imperial project. The biggest problem remained that, despite ‘good intentions’, collaborators sometimes simply did not collaborate with each other. After all, imperial clients were determined to benefit from the experience of empire. The centre was often submerged by local petty squabbles. This article will use a specific micro-history in Bologna to highlight the extent to which Napoleonic empire builders had to thread a fine line between the impracticalities of direct control and the dangers of ‘going native’. -
The Medieval Jurists' Debate Concerning Judicial Discretion and the Law of Proof
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1989 Conviction According to Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion and the Law of Proof Richard M. Fraher Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Criminal Law Commons, European History Commons, and the Legal History Commons Recommended Citation Fraher, Richard M., "Conviction According to Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion and the Law of Proof" (1989). Articles by Maurer Faculty. 1866. https://www.repository.law.indiana.edu/facpub/1866 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Conviction According to Conscience; The Medieval Jurists' Debate Concerning Judicial Discretion and the Law of Proof RICHARD M. FRAHER One bright, sunny day in northern Italy, let us say in Bologna in the year 1275, a group of law students might have sat and listened to this case. A man named Seius slipped into a shed owned by his sworn enemy, Titius. A priest, a wealthy merchant, and a physician, all of them unimpeachable witnesses, saw Seius enter the shed with his sword drawn. A moment later they heard a man cry out. Then they clearly saw Seius, shaken and pallid, emerge through the doorway, bloody sword in hand. -
2 Tra Repubblica E Impero (1798-1805)
57Il mondo nuovo L’élite veneta fra rivoluzione e restaurazione (1797-1815) Valentina Dal Cin 2 Tra Repubblica e Impero (1798-1805) Sommario 2.1 Le province austro-venete.– 2.2 L’assemblea di Lione e la Repubblica italiana. – 2.3 Veneziani e veneti altrove: l’esilio dei democratici dopo la democrazia. 2.1 Le province austro-venete All’inizio del mese di gennaio del 1798 l’esercito austriaco entrò nei nuovi territori acquisiti con il trattato di Campoformio per prenderne possesso. All’avanzare delle truppe nelle singole province corrispose da parte del comandante generale Olivier von Wallis l’emissione di proclami che stabi- livano provvisoriamente la permanenza delle istituzioni democratiche. Le Municipalità locali, rinominate Rappresentanze distrettuali, e i Governi centrali, che avevano aggiunto l’aggettivo «aulico» alla rispettiva denomi- nazione, rimasero in carica sino ad una nuova complessiva riorganizzazio- ne di Venezia e della terraferma. Allo stesso modo, furono conservati anche gli organi preposti all’amministrazione della giustizia e della fiscalità.1 Tuttavia, si trattò di una fase transitoria breve. Il 31 marzo 1798 un nuovo proclama di Wallis soppresse tutte le istitu- zioni democratiche veneziane e dispose la creazione del Governo generale presieduto da Giuseppe Pellegrini. Lombardo, membro del Dipartimento d’Italia a Vienna sin dal 1791, Pellegrini era stato affiancato al generale austriaco in qualità di commissario civile per volere dell’imperatore.2 Il nuovo Governo centrale prese avvio concretamente soltanto il 1 ottobre successivo, lasciando ulteriormente in carica in modo provvisorio l’aulico Governo centrale ereditato dalla Municipalità, affiancato però dalla regia Commissione camerale, istituita anch’essa il 31 marzo. -
Duecento Anni Fa. Ascesa E Crollo Del Regno D'italia Napoleonico (1805
Paolo Martinucci Duecento anni fa. Ascesa e crollo del Regno d’Italia napoleonico (1805-1814) Premessa prodromi del processo unitario italiano, chiamato convenzionalmente Risorgimento, vengono solitamente individuati, almeno nella versione della vulgata scolastica, nei moti rivoluzionari I del 1820-1821, primi vagiti di un ideale che si sarebbe realizzato — anche se non nella sua in- terezza territoriale — quarant’anni più tardi con la proclamazione, il 17 marzo 1861, del Regno d’Italia (1861-1946), a torto considerato la prima forma di aggregazione politica unitaria del Paese. Tuttavia, un’attenta lettura degli avvenimenti storici riesce a scorgere altre realtà statuali unitarie nella Penisola, alcune delle quali condividono la stessa definizione di “regno”1, ma altresì — e ciò è ben più significativo — che esiste un nesso inscindibile fra unità e Rivoluzione del 1789, fra le isti- tuzioni politiche implementate in Italia dalle armate rivoluzionarie al comando di Napoleone Bona- parte (1769-1821) — il cui mito perdurerà negli anni a seguire, ben oltre la sua disfatta militare e la sua morte nell’isola di Sant’Elena — e il pluridecennale processo di realizzazione dell’unità politica degl’italiani — o, almeno, della quasi totalità di essi —, culminato nella proclamazione del regno sabaudo. La svolta del processo verso l’unità — vaticinato da più di un intellettuale italiano settecentesco, fra i quali il conte Gianfrancesco Galeani Napione di Cocconato (1748-1830), promotore di un di- segno federativo2 — si attua con l’aggressione francese agli Stati italiani di antico regime, iniziata nel 1792 con la Guerra delle Alpi (1792-1796) contro il Regno di Sardegna di Vittorio Amedeo III (1726-1796) — che nel 1792 si era schierato a fianco delle monarchie europee contro la Francia re- pubblicana —, ridisegna la geografia politica dell’Italia.