The cities of Northern and Central Italy, where political autonomy flourished between 12th and14th century, were also the main centers of Roman law-centered legal cul- ture; as a consequence, experts in civil law came to rethinking city statutes (the main expression of self-government) within such a frame, as customary law, which was nor- mative because based on the consent provided by the community. Thus, the theme of consent was a main issue, understood as political participation, since the members of the community took active part in its political life and self-government. The question lied rather in the forms and most of all the extent of such participation. Different trends emerged, between mid 13th and mid 14th century, according to various po- litical feelings and institutional solutions, manifesting the close link between lawyers, legal culture and practice, and politics.
Consenso, potestà normativa e partecipazione politica. I civilisti medievali
Mario Conetti
2020-01-01
Abstract
The cities of Northern and Central Italy, where political autonomy flourished between 12th and14th century, were also the main centers of Roman law-centered legal cul- ture; as a consequence, experts in civil law came to rethinking city statutes (the main expression of self-government) within such a frame, as customary law, which was nor- mative because based on the consent provided by the community. Thus, the theme of consent was a main issue, understood as political participation, since the members of the community took active part in its political life and self-government. The question lied rather in the forms and most of all the extent of such participation. Different trends emerged, between mid 13th and mid 14th century, according to various po- litical feelings and institutional solutions, manifesting the close link between lawyers, legal culture and practice, and politics.
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