Tiziana Ferreri, Ricerche sul crimen calumniae nella dottrina dei glossatori, Da Irnerio ad Azzone e da Graziano a Uguccione da Pisa

Tiziana Ferreri, Ricerche sul crimen calumniae nella dottrina dei glossatori, Da Irnerio ad... 150 Comptes rendus / Tijdschrift voor Rechtsgeschiedenis 79 (2011) 147-173 Tiziana Ferreri, Ricerche sul crimen calumniae nella dottrina dei glossatori, Da Irnerio ad Azzone e da Graziano a Uguccione da Pisa. [Archivio per la storia del diritto medioevale e moderno, Studi e testi, 15]. Monduzzi Editore, [Noceto 2010]. X + 329 p. This book is part of a series in which two comparable studies by Natalini (about the reconventional demand) and Mancuso (about simulation) have been published. All three discuss their subject matter as it developed during the first century of medieval legal science, both civilian and canonistic. So forget the Accursian gloss and the gloss on the Liber Extra , and step into a world where Placentinus, Johannes Bassianus and Azo are the stars on the civil law side, and Rufinus, Stephanus Tornacensis and Huguccio on the canon law side. Not forgetting the other authors and the anonymi of several, mainly canonistic summae . The most interesting aspect of these studies is the interaction between both disciplines of legal science. What can we find in the present work? After a brief introduction, the author has divided her work into four chapters. The first one discusses the concept crimen calumniae , or false accusation (p. 9–99), the second the criminal procedure for calumnia (p. 101–141), and the third its punishment (p. 143–213). In a fourth chapter (p. 215–299) two related crimes are discussed: praevaricatio (collusion between one’s lawyer and the opposite party) and tergiversatio (illegal withdrawal of an accusation). The book is completed by an index of the manuscripts used (54 in total, 9 of which consulted in situ ), an index of names and ‘cose notevoli’, and a table of contents. What else can be said about this solid piece of work? Actually there is not much left to be desired. The consultation of so many manuscripts is brave and admirable in itself. On the civil law side of the author’s discussions I missed one source: Wilhelmus de Cabriano. In his Casus Codicis she could have found, without much trouble, several lines on calumnia and praevaricatio 1 . Through Cabriano a better understanding of Bulgarus’ view can be obtained, who is mentioned by Ferreri in her discussion of Stephanus Tornacensis (p. 119–124). Perhaps the author could have drawn more attention than she already does (e.g. at p. 187 n. 147 about the summa of Simon de Bisignano) to the ever increasing possibilities to consult legal texts and commentaries on the internet. I think of the Medieval Canon Law Virtual Library, but it should also not be forgotten that certain libraries (Lund, Munich) have begun to give access to their manuscript collections at internet sites. For manuscripts lying in Switzerland there is a special site named e-codices. All in all, if you want to know what utrumque ius stands for and you like the subject: read this book. Kees Bezemer Leiden 1 See the edition of T. Wallinga, The Casus Codicis of Wilhelmus de Cabriano , Frankfurt am Main 2005, p. 609 (C. 9,2,4), p. 612–613 (C. 9,2,11), p. 615 (C. 9,2,17), p. 630–631 (C. 9,9,6), and p. 683 (C. 9,27,1). © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157181911X563110 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit Brill

Tiziana Ferreri, Ricerche sul crimen calumniae nella dottrina dei glossatori, Da Irnerio ad Azzone e da Graziano a Uguccione da Pisa

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0040-7585
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1571-8190
D.O.I.
10.1163/157181911X563110
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Abstract

150 Comptes rendus / Tijdschrift voor Rechtsgeschiedenis 79 (2011) 147-173 Tiziana Ferreri, Ricerche sul crimen calumniae nella dottrina dei glossatori, Da Irnerio ad Azzone e da Graziano a Uguccione da Pisa. [Archivio per la storia del diritto medioevale e moderno, Studi e testi, 15]. Monduzzi Editore, [Noceto 2010]. X + 329 p. This book is part of a series in which two comparable studies by Natalini (about the reconventional demand) and Mancuso (about simulation) have been published. All three discuss their subject matter as it developed during the first century of medieval legal science, both civilian and canonistic. So forget the Accursian gloss and the gloss on the Liber Extra , and step into a world where Placentinus, Johannes Bassianus and Azo are the stars on the civil law side, and Rufinus, Stephanus Tornacensis and Huguccio on the canon law side. Not forgetting the other authors and the anonymi of several, mainly canonistic summae . The most interesting aspect of these studies is the interaction between both disciplines of legal science. What can we find in the present work? After a brief introduction, the author has divided her work into four chapters. The first one discusses the concept crimen calumniae , or false accusation (p. 9–99), the second the criminal procedure for calumnia (p. 101–141), and the third its punishment (p. 143–213). In a fourth chapter (p. 215–299) two related crimes are discussed: praevaricatio (collusion between one’s lawyer and the opposite party) and tergiversatio (illegal withdrawal of an accusation). The book is completed by an index of the manuscripts used (54 in total, 9 of which consulted in situ ), an index of names and ‘cose notevoli’, and a table of contents. What else can be said about this solid piece of work? Actually there is not much left to be desired. The consultation of so many manuscripts is brave and admirable in itself. On the civil law side of the author’s discussions I missed one source: Wilhelmus de Cabriano. In his Casus Codicis she could have found, without much trouble, several lines on calumnia and praevaricatio 1 . Through Cabriano a better understanding of Bulgarus’ view can be obtained, who is mentioned by Ferreri in her discussion of Stephanus Tornacensis (p. 119–124). Perhaps the author could have drawn more attention than she already does (e.g. at p. 187 n. 147 about the summa of Simon de Bisignano) to the ever increasing possibilities to consult legal texts and commentaries on the internet. I think of the Medieval Canon Law Virtual Library, but it should also not be forgotten that certain libraries (Lund, Munich) have begun to give access to their manuscript collections at internet sites. For manuscripts lying in Switzerland there is a special site named e-codices. All in all, if you want to know what utrumque ius stands for and you like the subject: read this book. Kees Bezemer Leiden 1 See the edition of T. Wallinga, The Casus Codicis of Wilhelmus de Cabriano , Frankfurt am Main 2005, p. 609 (C. 9,2,4), p. 612–613 (C. 9,2,11), p. 615 (C. 9,2,17), p. 630–631 (C. 9,9,6), and p. 683 (C. 9,27,1). © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157181911X563110

Journal

The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du DroitBrill

Published: Jan 1, 2011

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