Academic literature on the topic 'Lawyers – Italy – History'

Abstract From the wellknown to the notorious: The gradual decline of notoriety and changes in romancanon law of proof in the Early New Age. With the establishment of procedural natural rights at the beginning of the 14th century, notoriety, i.e. the declarative condemnation without any further procedure, had become unsuitable. The lawyers hesitated, however, to abandon this specialty of canon law. Instead they sought ways to harmonize the conflicting rules. In Modern Times lawyers became increasingly bold to deny the importance of notoriety or established procedural hindrances. The reactions in the central Europeans territories like Italy, France, and the Empire differed considerably. But towards the 19th century the interest declined. Only canon law kept the notoriety until 1918, whereas in secular legal orders only scarce traces survive. The decline of notoriety, therefore, indicates a slow, but decisive turn in the history of legal procedure.

During the sixteenth century, at least until 1559, Italy was a centre for political, diplomatic, and cultural activity for the French elite, who undertook studies and training in the Peninsula. Lawyers and magistrates in the making eagerly enrolled in the universities of Pavia, Ferrara, and especially Padua, where some of them joined with other scholars in constituting the first Literary Republic. Gentlemen who were aiming at a military career or wished to succeed at the Court went to the Academies of Naples, Bologna or Padua, where they learned fencing and riding. During the age of Henri IV, attitudes towards this double education, scholarly and aristocratic, changed thoroughly, partly for economic reasons, but also because of a general anti-Italian polemic which opposed the model of Italian culture and social structure to a national model. The French did continue to visit Italy during the entire early modern period, but latterly they went to “see,” not to learn.

Recent Research into Early modern social groups in which women gained access to literary language has focused on the coteries in which they learned to perform alongside men, improvising poems later printed in books.1 The typical coterie in Italy, through which women such as Veronica Franco made their way into print, was the humanist academy centered around a court or a group of urban noblemen, such as the Venier academy in Venice. In sixteenth-century France such groups took two forms: the provincial salon attended by professional men—humanist lawyers, diplomats, doctors, publishers—as in Lyon and Poitiers, and the aristocratic salons linked to the court.

The theory of just war in medieval canon law and theology has attracted to it a large body of scholarship, and is recognized as an important foundation for Western approaches to the study of ethics in war. By contrast, the tradition on war in medieval Roman law has not received much attention, although it developed doctrines that are distinct from those in canon law and theology. The oversight is notable because medieval Roman law on war influenced subsequent tradition, forming with canon law the essential basis for early modern legal thought on war and peace. While the main canonistic contributions to legal theory on war came in the twelfth and thirteenth centuries, Roman jurists added new opinion in the fourteenth and fifteenth centuries, which can be related to the political life of Italy and to the growth of the independent cities. By the fourteenth century, Roman lawyers (or civilians) often considered licit war from a secular and pragmatic perspective, and associated a right of war with sovereignty. Here, I would like to trace the development of this theory, from roughly 1250 to 1450, and particularly a view that sovereigns licitly judged the justice of their own causes, as a remedy for a lack of superior authority.

The article examines the use and translation of key terms of Roman law: “proprietas”, “possessio” and “detentio”, which were used in medieval texts in one way or another; at least when it comes to the act material of medieval Italy. Despite the fact that the translation of “possessio” as «владение» has been established in Russian romanistics, the translator must take into account that in Russian the use of the words «владение», «владелец» has certain features. The main problem is that until now, often (with the exception of scientific works of lawyers), the term «владелец» is used to refer to the person who owns the property right, the owner, contrary to the dichotomy between the concepts of «владение» and «собственность». Problems also arise when translating into English. Belonging of England to the Anglo-Saxon legal system leads to difficulties in transferring legal terms of the continental system based on Roman law. Researchers and translators of Latin legal texts can avoid accusations of inaccuracy by resorting to the use of legal terms in Latin in the text, or by duplicating the Latin translation of such a term into English or another language.

This article uses a single, transnational legal case that played out between Italy and Tunisia in the 1870s and 1880s to tell a truly global history of international law—that is, one that goes beyond the boundaries of the West. Samama v. Samama was a fabulously complicated case that dragged on in Italian courts for almost a decade. The crux of the legal arguments concerned the nationality of Nissim Samama, a Jew born in Tunis; Samama’s nationality, in turn, would determine which legal system regulated his estate. The Italian civil code enshrined respect for the national law of a foreigner, but such foreigners were presumed to be Western. A case involving the national law of Tunisia and the status of Jews called the very foundations of the international legal system into question. In putting Samama’s nationality on trial, the case opened up debate over fissures in the emerging theory of international law: How could non-Western states like Tunisia fit into an international legal order? How did Islamic law intersect with international law? What was the status of Jewish nationhood in a world increasingly based on exclusive nationalities? The Samama case offers access to the voices of European international lawyers debating the ambiguities of their field, as well as those of Maghrebis articulating their own vision of international law. The resulting arguments exposed tensions inherent to an international legal system uncomfortably balanced between universalism and Western particularism.

The Alexander Family ChronicleThe paper focuses on the history of Zagreb’s prominent Jewish family, the Alexanders (or Aleksanders), who were influential in the cultural, economic and social life of the city and Croatia for almost a century. At the time of their arrival in Zagreb and after the end of the First World War, they all belonged to the Jewish religious denomination; later most of them converted to Catholicism and one was an Evangelical Christian (Protestant). The Alexander family moved to Zagreb from Burgenland (Güssing) in the 1850s. Upon their arrival, they worked in commerce and were known as diligent businessmen. Soon they became respected and wealthy patrons well-known in Zagreb, Croatia and abroad. The second-generation family members were distinguished physicians, lawyers, engineers, artists, professors and businessmen. They formed marriage alliances with Zagreb’s prominent Jewish and Catholic families and socialised with the nobility, thus making acquaintances and forming social networks that upgraded their social status. Also, they were cosmopolitans with one foot in Zagreb and the other in Vienna. Thereby, Budapest was not far-fetched for them. Among the most prominent and distinguished family members, one finds the brothers Aleksander/Šandor (1866–1929) and Samuel David (1862–1943). They were well-respected industrialists, founders of Zagreb’s brewery, malt factory and cement factory. They were also board members of several banks and founders of industrialists’ associations. Thus, their work and diligence were much appreciated during the First World War, for which Aleksander was awarded an Austro-Hungarian noble title. The post-war unification of the Kingdom of Serbs, Croats and Slovenes had no negative impact on their social standing. Thereby, the brothers managed to continue their business successfully, and were greatly appreciated by the newly formed political elite. Later, at the beginning of the Second World War, the majority of the family members managed to escape Nazi persecution, while some perished in the Holocaust. Today, descendants of this large family live scattered around the world, in Israel, the United States, Italy and Zagreb. The only visible memory trace – proof of the family’s existence in Zagreb – are the stairs in the Tuškanac city park, named after Šandor von Alexander of Sesvete. Kronika rodziny AlexanderW tekście zaprezentowana jest historia rodziny Alexander (Aleksander), żydowskiej rodziny z Zagrzebia, która prawie przez sto lat odgrywała ważną rolę w gospodarczym, kulturalnym i społecznym życiu miasta oraz całej Chorwacji. W czasie osiedlenia się w Zagrzebiu wszyscy członkowie rodziny byli wyznawcami judaizmu, jednak do 1941 roku większość z nich przeszła na katolicyzm, a jeden z nich dołączył do wyznawców kościoła ewangelickiego. Rodzina do Zagrzebia przybyła w połowie XIX wieku z terenu Gradišće (Burgenland). Po osiedleniu się zaczęła działać w handlu, a ponieważ członkowie rodziny byli niezwykle pracowici, już przed końcem XIX wieku rodzina stała się jedną z najbardziej szanowanych i majętnych, zarówno w Zagrzebiu, jak i w Chorwacji, a nawet poza nią. Już w drugim pokoleniu członkowie rodziny wyróżniali się jako znakomici lekarze, prawnicy, inżynierowie, artyści, profesorowie i przedsiębiorcy. W Zagrzebiu zawierali małżeństwa z członkami wpływowych rodzin, zarówno żydowskich, jak i katolickich, pozostawali w stosunkach towarzyskich z lokalną elitą i w ten sposób zyskali wysoki status w otoczeniu. Byli kosmopolitami: życie dzielili między Zagrzeb i Wiedeń, a i Budapeszt nie był im obcy. Wśród nich swoimi talentami wyróżniali się bracia Aleksander/Šandor (1866–1929) i Samuel David (1862-1943). Byli szanowanymi przemysłowcami: założyli zagrzebski browar, fabrykę słodu, olejarnię, cementownię i inne obiekty przemysłowe w Zagrzebiu. Zasiadali w zarządach kilku zagrzebskich banków, założyli także kilka towarzystw przemysłowych. Wyróżnili się w czasie I wojny światowej, a Aleksander otrzymał węgierski tytuł szlachecki za swoją działalność humanitarną. Okres Królestwa SHS/Jugosławii również nie zagroził ich pozycji, co więcej – nadal z powodzeniem pracowali i działali. Po wybuchu II wojny światowej większość członków rodziny opuściła Niezależne Państwo Chorwackie, kilkoro z nich zginęło w czasie Holokaustu. Obecnie potomkowie tej wielkiej rodziny mieszkają w Izraelu, Stanach Zjednoczonych Ameryki, we Włoszech oraz w Zagrzebiu, a o ich obecności w historii miasta świadczą schody na Tuškanacu, które noszą imię Šandora Alexandra Sesveckiego.

in the fourth volume of his history of the experimental method in italy (caverni 1891–1900, 4:506–33), raffaello caverni fulfilled the promise he had made four years earlier in an introductory overview of his work (ibid., 1:135–36): to prove on the basis of the history of the discovery of the parabolic shape of the projectile trajectory that galileo claimed the intellectual property of his eminent contemporaries as his own, and to show how this was accomplished. one had the right to expect that the proponent of such an entirely new opinion in a case which he himself considered to be, in the words of bacon, an instantia praerogativa for the justification of his view, would weigh the value of each individual argument with absolute impartiality and do complete justice to the ambiguity of the given facts. he would have to state his case in compelling logic so that a clear-thinking individual would have no choice, in this case at least, but to believe in the dishonorable theft by a great man. in these expectations we have been disappointed thoroughly by caverni: his argumentation is in all aspects that of a shrewd lawyer who considers it his task to allow only one side of the question to come to light, to collect everything that might be utilized in favor of his biased reading, to hold back anything which might give rise to the idea that things could be viewed in another way. he believed it permissible for his own purposes to operate with presumptions as if they were facts, and to regard as proven what is at best probable.

Private correspondence between Rome and England in the fifteenth century is not unknown but is usually to be found among the business papers of proctors permanently resident at the Curia, such as William Swan and Thomas Hope. By contrast, the three letters printed below were written by an occasional visitor to Rome, charged with a specific errand. They tell us more about England than Italy, and more about the everyday concerns of a moderately successful clerical careerist than the procedures of the papal court, but they are unusual and valuable precisely for that reason. The author of these letters was Master Robert Thornton. A canon lawyer in the service of Archbishop Kempe, he began his career as an advocate in the prerogative court of York and, during the 1440s, established himself as one of the mainstays of the diocesan administration there: he acted as commissary-general to the court of York and official of the absentee archdeacon of York, besides serving on many ad hoc commissions. By the time these letters were written, Thornton's diligence in the archbishop's service had brought him several desirable benefices: already perpetual vicar of Silkstone (Yorkshire, West Riding), he became rector of Almondbury (Yorkshire, West Riding) in 1451 and was presented by William Bothe, Kempe'ssuccessor as archbishop, to a prebend at St. John's, Chester, in the following year. It was his membership of Kempe' familia that, indirectly, set him on the road to Rome. In May 1452 he was dispatched with a bundle of papers and sixteen marks in cash to pursue the claims of John Berningham, resident canon and treasurer of York, to the vacant deanery.

Lawyers have widely been recognized as playing a role in the transition from the medieval to the modem state. Their presence in Renaissance Venetian politics, however, remains largely unexplored. Relying primarily on a prosopographical analysis, the thesis explores the various roles played by lawyers, dividing those roles into three main categories: diplomats, territorial governors, and domestic legislators. What emerges is a clear pattern of significant involvement by legally trained patricians in the Venetian political system. Noble lawyers were most often ambassadors, serving in many of the principal courts inside and outside of Italy as Venice was extending her influence on the Italian peninsula. They also served as administrators of Venetian rule throughout the Venetian terraferma (mainland) state. Lastly, their domestic political officeholding further confirms their continuing participation, as they held many of the most important domestic offices throughout the Quattrocento. The thesis ends with short biographies of each of the nearly three-dozen lawyers who make up this study, as well as chronologies of the offices they held. These chronologies include archival references for each office.

This is a study of a ledger written by Andrea di Gherardo Casoli between the years 1387 and 1412. Andrea was a lawyer in the Tuscan city of Arezzo, shortly after the city lost its sovereignty to the expanding Florentine state. While Andrea associated his identity with his legal practice, he engaged in many other, diverse enterprises, such as wine making, livestock commerce, and agricultural management. This thesis systematically examines each major facet of Andrea's life, with a detailed assessment of his involvement in rural commerce. Andrea's actions revolved around a central theme of maintaining and expanding the fortunes, both financial and social, of the Casoli family.

Defence date: 18 December 2000
Examining Board: Prof. Yves Mény, IUE & Directeur du Centre Robert Schuman (directeur de thèse); Prof. Jacques Commaille, Directeur de recherches au CNRS; Prof. Donatella Della Porta, Univ. Florence; Prof. Bastien François, Univ. Paris I; Prof. Raffaele Romanelli, IUE
First made available online on 19 March 2018

By illustrating the history of Italian international law from the early seventeenth to the mid-nineteenth century, this chapter explores the question of whether and to what extent this period may have been characterized by a genuinely Italian ‘tradition’ or approach to international legal issues. The chapter questions the notion of a monolithic Italian tradition in international law and shows that the commonality of topics and interests among Italian lawyers can best be read as part of broader trends in the European ‘law of nations’. Although they were concerned with nationally important matters such as maritime trade, the sovereignty of smaller polities and the relationship between State and church, Italian lawyers constantly defended their claims by resorting to the common European vocabulary of the ius naturae and ius gentium.

The present chapter provides an extensive analysis of the main foreign policy issues arising for Italy out of the 1947 Peace Treaty—namely the question of South Tyrol, the Free Territory of Trieste and Italy’s Trusteeship over Somalia—and how these issues were dealt with by the Italian international law doctrine. The chapter also deals with the doctrinal debates ensuing from the proliferation of international organizations, including regional ones in the European continent. The analysis shows that Italian authors produced an impressive bulk of literature engaging directly with the major international law issues resulting from the end of World War II; the conclusion reached is that international lawyers were active participants in the national political effort to become a fully fledged, responsible member of the international community and contributed to the understanding of the novel process of European integration as an antidote against conflict and hostilities in the European continent.

Prosulas were probably performed by younger cantors and were pedagogical tools to teach textual and musical composition. They reveal multidirectional exchanges among various regions, conceivably because of the exchange of books and the travels of people, including members of the lay society who traveled around the Italian peninsula to undertake juridical studies and then work as lawyers for cathedrals and monasteries. Certainly, prosulas were a means to express the values and culture of a society that we also see reflected in some of the literary works produced in southern Italy during the same period. The emphasis on foreign and especially African and West Asian saints and the involvement of nuns reveal a multiform society and counterbalances a male and Eurocentric view of medieval history.

V.2.1Prosecutor v. Radovan Karadžić, Case No. MICT-13-55-A, Appeals Chamber, Judgement, 20 March 2019 Contents ^** I.Procedural History II.Standard of Review and Applicable Law III.Grounds of Appeal IV.Judgment ^* Summaries prepared by Anna Buono, Ph.D. in International Law and National Law in International Matters, Honorary Fellow in “International Law” and “International Criminal Law”, University of Salerno - Italy, Lawyer. Text of judgment available online at the Court’s Web site <...