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Book Review: M. Ascheri, The laws of late Medieval Italy (1000–1500), Foundations for a European legal system. Brill, Leiden – Boston 2013. XVI + 427 p.

Book Review: M. Ascheri, The laws of late Medieval Italy (1000–1500), Foundations for a European... The present volume contains an English translation of the author’s monograph, published in 2000 under the title I diritti del Medioevo Italiano, Secoli XI–XV. Comparison with the original reveals that in many fragments the present volume is rather a restatement and elaboration than just a translation. On the other hand, the layout structure and contents bear such a resemblance to the original that it would be inappropriate to extensively comment on the substance so many years after the Italian original was published. Consequently, I will confine my remarks to the new English edition as such. Unfortunately, the typesetting of the book appears to be far from flawless, while the translation occasionally reveals the translators’ inability to choose the proper legal term or to understand the intricacies of legal terminology. It seems odd at the very least to translate ius gentium (law of nations) with ‘law of the people’, ‘law of the individual’ or ‘people’s law’ (p. 17), particularly since the term ‘law of the individual’ is also used in translation of ius personarum (law of persons) (p. 20). Accordingly, albeit in a single fragment, the translation occasionally renders the legal reasoning into an obscure argument. The line ‘He http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit Brill

Book Review: M. Ascheri, The laws of late Medieval Italy (1000–1500), Foundations for a European legal system. Brill, Leiden – Boston 2013. XVI + 427 p.

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Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0040-7585
eISSN
1571-8190
DOI
10.1163/15718190-08212p13
Publisher site
See Article on Publisher Site

Abstract

The present volume contains an English translation of the author’s monograph, published in 2000 under the title I diritti del Medioevo Italiano, Secoli XI–XV. Comparison with the original reveals that in many fragments the present volume is rather a restatement and elaboration than just a translation. On the other hand, the layout structure and contents bear such a resemblance to the original that it would be inappropriate to extensively comment on the substance so many years after the Italian original was published. Consequently, I will confine my remarks to the new English edition as such. Unfortunately, the typesetting of the book appears to be far from flawless, while the translation occasionally reveals the translators’ inability to choose the proper legal term or to understand the intricacies of legal terminology. It seems odd at the very least to translate ius gentium (law of nations) with ‘law of the people’, ‘law of the individual’ or ‘people’s law’ (p. 17), particularly since the term ‘law of the individual’ is also used in translation of ius personarum (law of persons) (p. 20). Accordingly, albeit in a single fragment, the translation occasionally renders the legal reasoning into an obscure argument. The line ‘He

Journal

The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill

Published: Oct 23, 2014

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