The Generation of the "Moderni" at Work: Jurists between School and Politics in Medieval Bologna (1270-1305)

Vallerani, Massimo (2007) The Generation of the "Moderni" at Work: Jurists between School and Politics in Medieval Bologna (1270-1305). In: Europa und seine Regionen. 2000 Jahre Rechtsgeschichte. Bohlau, Köln [etc.], pp. 139-156. ISBN 9783412138042

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Abstract

This paper offers a sketch of the life and work of the bolognese circle of professors of law called, insome legal manuscripts of the end of thirteenth century, the "moderni": it was the generationactive in Bologna between about 1270 and 1305, the years of the establishment and triumph of thenew government of the city by the popular party. It was not simply a matter of chronology. Thenew generation of doctores, like Lambertinus Ramponi, Pax de Pace, Basacomater de Basacomatre, Thomas Guidonis Ubaldini, Gardinus de Gardinis, was really different from theprevious ones, in their way of thinking and teaching and also in their way of establishing legaltheory. Emancipated around 1268, they began to take part in judicial affairs in 1269-70. Then they taught at the university: they wrote short treatises about legal procedure, and above all they wrotea lot of questiones, the most common learning method in law school in the second half of the 13th century. After the revolution of 1274 and the ban of the Ghibelline party, they were constantly present in the committees of sapientes, charged with reviewing the law, finding the solution for theemergencies in the public affairs and receiving the appeals from defendants implicated in political trials. I will suggest here three perspectives focused on the indissoluble link between juridical culture andpolitical power in thirteenth century Bologna professors. First, a brief sketch about the main stagesof a jurist’s career; second, the role of academic culture, especially the questiones method, inshaping the political consciousness of the jurists; and finally, the consequences of their directcontrol over the issues of political justice during the last twenty years of the century.

Item Type: Book Section
Subjects: D History General and Old World > D History (General) > D111 Medieval History
Depositing User: dr Vincenzo De Luise
Date Deposited: 04 Apr 2015 05:24
Last Modified: 23 Apr 2015 09:17
URI: http://www.rmoa.unina.it/id/eprint/2198

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