Data di Pubblicazione:
2017
Citazione:
Ippolito Marsili. Un giurista medievale alle soglie dell'età moderna / F. Godano ; tutor: A. Santangelo ; coordinatrice: C. Storti. DIPARTIMENTO DI DIRITTO PRIVATO E STORIA DEL DIRITTO, 2017 Dec 15. 29. ciclo, Anno Accademico 2016. [10.13130/godano-francesco_phd2017-12-15].
Abstract:
The research presented in this thesis focuses on the Italian iuris doctor Ippolito Marsili (Bologna 1450 - Bologna 1530). One of the founders of criminal law scholarship and teacher of the first known criminal law course, Ippolito Marsili is aknowledged as a prominent scholar of his age; nonetheless, his biographical and scientific profile still awaits an organic recontruction. The aim of the research is to examine a few aspects of the life and work of this jurist, in order to provide a starting point for a possible comprehensive study.
The dissertation is divided into two parts. The first part is centered on Marsili's biography. In chapter 1 a short account of the Marsili family is presented; in particular, I highlighted the links of the family with the powerful Milanese Signoria of the Sforza.
Chapter 2 is focused on the main stages of the jurist's life. After discussing a few problems concerning his doctoral degree (his alleged canon law degree is missing), I analyzed his professional career as a teacher - in Bologna - and as a judge - mainly in the Sforza dominion. The research shows a very strong, almost frantic connection between these two activities, which sometimes even seem to overlap; such a feature mirrors the bond between theory and practice of law that Marsili will later pour into his works. In his relationship with political power, our character reveals the struggle of the typically medieval, autonomous jurist to exercise his role in the growing, bureaucratic State entities. Finally, the research shows how - contrary to a generally accepted tradition - Marsili cannot be considered the inventor of the “sleep deprivation” torture technique, which he arguably gathered from the praxis of the Lugano (Switzerland).
The biographical part is completed in chapter 3 with an account of Marsili's literary production: lecturae/commentaria and repetitiones on the Corpus iuris, a few tractatus, a collection of singularia and his consilia.
The second part of the thesis examines Marsili's main work, a criminal law treatise named Practica criminalis Averolda nuncupata (approx. 1525). Chapter 4 summarizes the development of criminal law science and the literary genre of Tractatus or Practicae criminales. Marsili's work can be thought of as a transition point between the ‘medieval forerunners’ and the ‘mature’ modern Practicae: such a position awards it peculiar and noteworthy features.
Chapter 5 is dedicated to the Averolda's formal properties, examined through a comparison with a few other medieval and modern works of the kind. Practicae criminales have a main practical nature: they rationalize the criminal law emerging from medieval courts and statutes outside the scope of the Corpus iuris. Compared to other works, however, Marsili's Practica has a strong theoretical and educational purpose, combined with the practical scopes.
Despite being written in the first half of the sixteenth century, the sources employed in this work (as in all the medieval ones) are the roman-canon law and the opinio doctorum. The Courts' decisiones are rapidly overcoming the scholars' law, and will have a central role in the modern Practicae, giving a territorial facet to ius commune; nonetheless, the Averolda completely ignores them, standing by a universalis, scholar-led system.
Marsili's use of scholastic dialectics and particularly of the quaestio - resounding medieval procedures - reveals the purpose of extracting general rules and principles from case law, rather than giving precise solutions to each issue; the author intends to guide the reader through the reasoning behind the ermeneutic process. On the contrary, the main modern Practicae tend to reduce the role of the opiniones doctorum - often generically summarized as com
Tipologia IRIS:
Tesi di dottorato
Keywords:
Ippolito Marsili; medioevo; età moderna; diritto comune; diritto penale; criminalistica; pratica criminale
Elenco autori:
F. Godano
Link alla scheda completa:
Link al Full Text: