Documentary and Procedural Engineering of Judicial Records in Italy (Ninth-Eleventh Centuries)

François Bougard

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Chapter 9 Documentary and Procedural Engineering of Judicial Records in Italy (Ninth-Eleventh Centuries)

In: Records and Processes of Dispute Settlement in Early Medieval Societies

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François Bougard

François Bougard
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Type:: Chapter

Pages:: 250–279

DOI:: https://doi.org/10.1163/9789004683006_011

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Abstract

Sources on the resolution of conflicts in early medieval Italy may seem at first sight easy to grasp, thanks to the corpus of court records edited by Cesare Manaresi. For a long time Italy was the only country to benefit from such an initiative, which was due to the fact that written records can be identified here as a well-defined category, because of the existence of lawyers (judges and professional scribes) and the evolution of judicial formulas and procedures. But one of the effects of the edition of the Italian placita was the elimination of sources considered unrelated to the selection criteria of the corpus, such as those of so-called ‘private’ law courts, or ecclesiastical courts, as well as records produced before and after the judicial assembly. Even if restricted to conflicts where the settlement included an appearance of some kind before judges, the documentary diversity of Italian sources is wider than in other European regions. Furthermore, from the end of the ninth century in the kingdom of Italy, any comparison with other regions becomes difficult because of the diffusion of standardized formulas that efface the narrative description and the debates, and often the very comprehension of the litigations.

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Records and Processes of Dispute Settlement in Early Medieval Societies

Iberia and Beyond

Series: Medieval Law and Its Practice, Volume: 41

Cover Records and Processes of Dispute Settlement in Early Medieval Societies

E-Book ISBN:: 9789004683006

Publisher:: Brill

Print Publication Date:: 13 Nov 2023

Subjects
- History
- Literature and Cultural Studies
  - Criticism & Theory
  - Cultural History

Front Matter

Part 1 Surveying the Corpus of Iberian Dispute Records, 800–1100

Part 2 Recording Disputes: The Textual Construction of Judicial Process

Part 3 Framing Disputes: Judicial Authorities and Social Order

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Chapter 9 Documentary and Procedural Engineering of Judicial Records in Italy (Ninth-Eleventh Centuries)

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Records and Processes of Dispute Settlement in Early Medieval Societies

Iberia and Beyond

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