1997 Fiscal Year Final Research Report Summary
Procedural Law and Public authority in Medieval Italy
| Project/Area Number |
08620003
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | raduate School for Law and Politics, University of Tokyo |
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Principal Investigator |
NISHIKAWA Yoichi University of Tokyo, Graduate School for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (00114596)
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| Project Period (FY) |
1996 – 1997
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| Keywords | History of Jurisdiction / Inquisition / Decretals / シチリア王国 / 立法 / 裁判史 / 糾問手続 / 教皇令 |
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| Research Abstract |
In the fiscal year 1996, I examined institutions concerning civil criminal jurisdiction in the ecclesiastical and civic courts in the cities of northern Italy, especially in Pisa. I could show that although both courts introduced the procedural law of the "droits savants", there were substantial differences in the details of the procedure. In the fiscal year 1997, I proceeded to a comprehensive analysis of the procedural law of the code of the Kingdom of Sicily promulgated by Frederick II in 1231. I could point out the structure of jurisdiction and the competence was based of the tradition since the Norman times, the provisions concerning summons were essentially based on the principles of the "droits savants" that were being established at the time but stressed the efficiency. In terms of forcing the parties to appear in the court, we can see that the provisions were more favorable to the defendant compared to the situation before the promulgation of the code. In the evidence, there is no great difference from that of the ecclesiastical courts except the way to legitimate it. The Liber Augustalis introduced the inquisition very early. However we cannot find tendency to worsen the procedural rights of the defendant. Now I will examine the praxis and the personal structure of the courts of the iustitiarius in the Kingdom of Sicily.
Procedural Law
Constitutional history
Legal History
Kingdom of Sicily
Legislation
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