Ascertainment of Customs and Personal Laws in Medieval Italy from the Lombard Kingdom to the Communes
C. Storti
The medieval systems of law in Italy and Europe have been proposed as a sort virtual laboratory to deal with the issue ensuring that principle equality rule be compatible recognition indigenous peoples’ customs. legal framework communes sought strike balance between general interest having certainty uniformity citizens’ ruling their family life economic assets according cultural social values. Up until 14th century, Lombardy an individual’s status, inheritance continued ruled customs natio, they Lombard or Roman. ascertainment is arduous task, oral are ﬂuid vary from place family. For this reason, Middle Ages was always entrusted judges experts (sapientes). Until few decades ago, recognising enforcing mostly unthinkable due positivism equality. Now, however, limits well known: »Legal not able abolish status« (G. Alpa). »legal Indigenous provides continuity past (the Ages) present (Indigenous Peoples Basic Law). Just past, when living given natio’s laws did mean self-government, so today enforcement basic should undermine sovereignty State. Recommended citation: Storti, Claudia, Ascertainment Customs Personal Laws Medieval Kingdom Communes, in: Rechtsgeschichte - Legal History Rg 24 (2016) 257-265, online: http://dx.doi.org/10.12946/rg24/257-265
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