Abstract
The book examines the development of legal causation in Italy from the fourteenth to the seventeenth centuries, focusing especially on practice-oriented literature (decisiones and consilia). Causality began to be discussed from the late thirteenth century and especially during the first half of the fourteenth when it was described as ordinatio. In private law, ordinatio remained the standard approach to causation during the entire early modern period: centuries of legal practice mainly refined its scope but did not change its core. By contrast, its application in criminal law would increasingly crash with the intentionality requirement, and so it was progressively challenged.
Schlagworte
Strafrecht Criminal Law Privatrecht Private Law Italien Italy consilia decisiones ordinatio Geschichte 1300–1699 History 1300–1699 Frühe Neuzeit Early Modern Period Mittelalter Middle Ages Intentionalität Kausalität Verursachung Causation Legal History Rechtsgeschichte- 1–14 Introduction 1–14
- 285–290 Conclusion 285–290
- 291–324 Bibliography 291–324
- 325–332 Index 325–332
5 Treffer gefunden
- „... dictated both by the very large number of printed volumes of decisiones and consilia – certainly far higher ...” „... different book.As a good part of this work deals with practice-oriented literature, especially consilia and ...” „... decisiones, a short premise on both is needed.6 Following chronology, we may want to start with consilia ...”
- „... Nationalbibliothek, Cod. 2257, 2258Bibliography 291Works published before 1800*Accoltus, Franciscus– Consilia Domini ...” „... Baldi Ubaldi Perusini …, vols. 1–5, Venetiis, apud Dominicum Nicolinum, et Socios, 1580– Consilia ...” „... Episcopiana, 1588– Tractatus de insigniis et armis, in Bartoli a Saxoferrato, Consilia, Quaestiones, et ...”
- „... 168–169. For some in-depth discussions on the issue among late medieval and early mod-ern consilia see ...” „... remarks (see, e.g., the sixteenth-century jurist from Ferrara Giacomo Emiliano, Consilia excellentissimi ...” „... his own ‘doctrine’ in maleficia is particularly noticeable when looking at his consilia. It should ...”
- „... (clients’) advantage.A good example of this may be found in a couple of consilia of the sixteenth-century ...” „... consilia for him. In the first and shorter of them, Borsati based his reasoning on a simple fact: the kind ...” „... consilia and decisiones: fire damages to hired properties. The presumption that the fire in a dwelling is ...”
- „... ’ (versimiliter) to occur (Consilia Petri de Ancharano … [Lugduni, J. Moylin … Typographus], 1539, cons. 348, n. 2 ...” „... relied upon in practice-oriented consilia: see, for instance, a consilium of the fifteenth-century jurist ...” „... , snatching it out of ‘matter-of-fact’ blame.91 Consilia D. Ioannis de Anania …, Venetiis, ad Signum ...”