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The purpose of this paper is to demonstrate the crucial role of legal science for the practical side of the law, while analyzing in detail the statutes’ reform of Bergamo (1331). Indeed, the paper discusses the relationship between learned law and practical law during the period of ius commune through the analysis of some relevant quaestiones disputatae regarding criminal transactions. The author seeks to analyze the relationship between the ius puniendi of public authorities and private autonomy in the resolution of criminal cases focusing not only on the Roman sources (C. 2,4,18) but also on the quaestiones ex facto emergentes contained in the collections of Alberto Gandino, Alberico da Rosciate, Alberto Galeotti and Guglielmo Durante.
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Dec 10, 2015
Keywords: Alberico da Rosciate ; Alberto Gandino ; learned law ; public power and private autonomy ; criminal transactions ; ius commune ; municipal statutes – quaestiones ex facto emergentes
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