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Ordinatio ad casum : legal causation in Italy (14th-17th Centuries) / Guido Rossi.

By: Material type: TextTextSeries: Studien zur europäischen Rechtsgeschichte ; 339Publisher: Frankfurt am Main : Vittorio Klostermann, 2023Description: ix, 331 pagine ; 24 cmContent type:
  • testo (txt)
Media type:
  • senza mediazione (n)
Carrier type:
  • volume (nc)
ISBN:
  • 9783465046080
  • 3465046080
Subject(s): Other classification:
  • KD 1787.R77 2023
Contents:
Part I. Ordinatio culpae ad causam -- The limits of fault -- Bartolus and the ordinatio of fault to mishap -- Ordinatio and causation in the civil law tradition -- Part II. Causal interlude -- Why a pure theory of causation in the mos italicus would be of little help : two examples (out of many) -- Immediateness, proximity, and ordinatio -- Part III. Ordinatio and criminal law.
Summary: 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 clash with the intentionality requirement, and so it was progressively challenged.
Holdings
Item type Current library Call number Status Barcode
Opera (Magaz.) Opera (Magaz.) Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Temporary Library KD 1787.R77 2023 (Browse shelf(Opens below)) Available 0030219594

Bibliografia: pagine 291-323.

Part I. Ordinatio culpae ad causam -- The limits of fault -- Bartolus and the ordinatio of fault to mishap -- Ordinatio and causation in the civil law tradition -- Part II. Causal interlude -- Why a pure theory of causation in the mos italicus would be of little help : two examples (out of many) -- Immediateness, proximity, and ordinatio -- Part III. Ordinatio and criminal law.

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 clash with the intentionality requirement, and so it was progressively challenged.