Search

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Despite the fact that the principles of the unity and indissolubility of the conjugal bond represent constituent and essential properties of the sacrament of marriage in Eastern law, Orthodox theology allows some exceptions due to the schlerocardia of man, permitting the “economic” application of the rule. The paper aims to outline the ontological essence of oikonomia as a transposition in the human dimension of the redeeming force of the divine condescension. According to tradition, the institution finds its privileged application in marriage; therefore, the intention is to demonstrate that Orthodox ecclesiology tolerates second marriages as the “lesser evil” compared to fornication. This applies both to second marriages of divorcees and widows/widowers, since the sacrament of marriage survives the physical death of the spouse and remains a real image of the Mystery of the Incarnation. The paper will then analyse the circumstances that justify the “economic” interpretation of the precept: the “moral death” of the marriage due to a serious and despicable act, collective good, the worse damage that could derive from the rigid interpretation of the rule (akribeia). Finally, it will seek to demonstrate that the ecclesiastic authority operates in virtue of the potestas clavium and, by imitating the divine mercy, applies oikonomia thus saving human nature made fragile by the original sin.

Some papers kept in the Foggia State Archive reveal a little-known cross- section of the migratory phenomenon between the two southern shores of the Adriatic in the early nineteenth century. It consisted in the mutual displacement of “foreigners” who reached the coasts of the Kingdom of the Two Sicilies and depleted then inhabitants to be used, in all probability, for slave duties. One of the most striking episodes of aggression was recorded in Monte S. Angelo in 1804, when a group of unfortunates was captured by unidentified foreigners. The story can be reconstructed thanks to a series of documents, including the declaration made by the prefect of Lucera who intended to initiate, by faith of slavery, the procedure for their freedom. The expulsive phenomenon, which therefore did not stop at the old regime but persisted even after the Enlightenment claim of fundamental rights, deserves to be reconstructed with particular regard to the historical-juridical implications: it generated - still in the 19th century - serious consequences of public order, which deeply affected the southern society, its perception of insecurity, trust feelings between population and institutions.

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of my paper is to consider a set of policies concerning flows adjustment and naturalization of immigrants. The starting point of my analysis is the Naturalization Act of 1790, the first immigration law of the US government, which inspired the subsequent ones. I have conducted a more detailed investigation into federal measures since 1882, the year of Chinese Exclusion Act, passing through the legislation of the period between 1920 and 1930, influenced by a marked protectionism, to arrive to the acts of 1965, which dismantled the system of national quotas. The goal of my work is to highlight the relationship between the laws and the debate that has been created around them, which involves congress, public opinion, trade unions and associations.

The deportations to Siberia during and immediately after World War II are part of a phenomenon of forced migration. The deportees experienced a sense of loss which was coupled with the feeling that their home (and hence their normality) had been stolen from them. In this context, one of the consequences of deportations, then, is the loss of human dignity when everything you have, including your ability to determine your own life, is taken away from you. This paper engages various ways by which the deportees attempted to recreate a space of normality in the midst of an absurd reality. These “ways” can be organized in two categories: artistic expression and reconnection with artifacts coming from home.

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The period between the 11th and 12th centuriesis usually indicated as an age of transition from the early to late Middle Ages. The paper aims at focusing on the continuities and discontinuities in this time, and specifically on how the search for new models and new procedures for the administration of justice played a ‘constitutional’ role, just as it would in many other historical eras to follow. From this perspective, the emergence of positiones in the judicial practices and in the ordines iudiciorum provides an interesting point of view in order to investigate, on one hand, whether the parties were more interested to go to trial or to settle their disputes by negotiations, and, on the other hand, to understand the legal policy of the medieval governments between two conflicting interests: to ensure justice ascertaining the truth and to re-establish peace through arbitration procedures and avoid malicious litigation which might slow down the course of justice.

The aim of this paper is to present French provisions from the Napoleonic times which regulated divorce proceedings. It concerns not only legal rules but also the practice of their application in Poland in early 19th century. The Napoleonic Code regulated divorce proceedings separately from the ordinary procedure that was applied to a limited extent. The main goal of the lawmakers was to reduce the number of divorces, very popular in the revolutionary period. This goal was achieved by introducing a number of formalities that were required during the proceedings.There were two separate models of proceedings. The first option was a divorce for cause determinate, the second –a divorce by mutual consent. The first way consisted of an obligatory attempt at conciliation, of a possibility of suspending a permission of citation and it required at least four hearings. Yet the major limitation, in comparison to the revolutionary period, was a reduction of grounds for divorce. Only adultery,outrageous conduct and conviction to infamous punishment entitled a spouse to seek divorce. The second model of proceedings was initiated by a petition for divorce with mutual consent. In this case,spouses were required to appear four times (with three-month intervals in between) before the president of the court in the assistance of two notaries. Each time they had to declare their will to dissolve the marriage and submit new divorce authorizations from their parents.

This paper analyzes the influence of the privilege of jurisdictional exemption used by the city of Seville since the late Middle Ages in the system of last appeals and its evolution until mid-sixteenth century. The introduction of the monarchical principle in the last appeals of the city and the institutionalization of a Royal Appeal Court occurred at the same time. In this process, the reforms undertaken by the Catholic Monarchs were essential. Despite the jurisdictional conflicts with the town Council, finally the royal judicial Ordinances of 1566 will outline a Royal High Court in Seville very similar to the Castilian Chancillerías.

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

An introductory foreword concerning the relations between mercy and justice which are expressed in some recent pontifical papers of Pope Francesco and their actuation in canon law. Equity and canon law in thought of Giuseppe Capograssi. Cluny at the epoch of Alger of Liege and his life. Mercy and canon law in his De Misericordia et Iustitia; the some concerning Gratian’s Decretum. Relationship between De Misericordia and Decretum: passages in which there is concordance and others in Decretum without concordance. Le premesse all’argomento sono: il rapporto tra misericordia e giustizia in recenti documenti pontifici -in particolare quelli di Papa Francesco- e la loro attuazione normativa nel diritto canonico, ed il pensiero di Giuseppe Capograsssi sulla relazione tra equità, vista come una forma di attuazione della misericordia, e giustizia nel diritto della Chiesa. Segue una breve descrizione dell’influenza di Cluny all’epoca di Algero di Liegi sia in generale sulla Chiesa che in particolare sull’Autore. Si analizza poi il rapporto tra misericordia e giustizia nell’opera omonima di Algero e nel Decreto di Graziano, sia singolarmente in esse e dopo nella loro stretta relazione, evidenziandone derivazioni, concordanze e discordanze.

Il lavoro si propone di indagare l’insieme delle strutture e delle istituzioni meglio note con il termine “Inquisizione”. A tal fine, si tenterà di ricostruire l’evoluzione storica dell’Inquisizione in Italia, esaminandone la struttura organizzativa e mettendola a raffronto con quella spagnola e portoghese. La ricerca così impostata può essere l’occasione per fornire un contributo al più preciso inquadramento, sotto il profilo giuridico, delle strutture processuali etichettate col termine “Inquisizione”. A tal fine, l’indagine sarà dedicata, in particolare, all’esame degli istituti istruttori e investigativi presenti nel diritto canonico, allo scopo di metterne in luce i tratti fisionomici peculiari e la stretta correlazione con istituti presenti nel moderno processo penale. Oltre a ciò, l’indagine mira ad evidenziare la doppia finalità delle strutture processuali inquisitorie dell’epoca: da un lato, il riconoscimento, da parte dell’accusato, dell’errore addebitatogli; dall’altro lato, la conseguente svalutazione, sul piano ideologico, dell’opinione professata, al fine di dimostrare come il sistema di rapporti tra accusa, accusato e giudice era finalizzato non tanto ad infliggere una pena al soggetto ritenuto colpevole, quanto ad assicurare la vittoria del bene sul male. The paper is aimed at investigating the set of structures and institutions well known with the term “Inquisition”. To this end, the historical evolution of the Inquisition in Italy will be analyzed, examining its organizational structure and comparing it with the Spanish and Portuguese one. Such a research can be an opportunity to provide a contribution to the most precise framing of the trial structures labeled with the term “Inquisition”. For this purpose, the investigation will be specifically devoted to the examination of the inquest and investigative institutions present in canon law in order to highlight the peculiar physiognomic aspects and the close connection with institutions present in the modern criminal trial. Besides, the research is aimed at highlighting the double purpose of the inquisitive structures of that age. On the one hand , the acknowledgement, by the defendant, of the error of charging him; on the other hand the consequent devaluation, on the ideological level, of the professed opinion, in order to show how the system of relations between the prosecutor, the defendant and the judge was aimed not so much at imposing a penalty on the guilty, but to ensure the victory of the good on the wrong.

Mercy, together with piety and humanity, are taken into the Roman law because of the influence of Christianity and which led to rules that have their genesis in Roman law as canon 20 of the Orleans Council of 549 in the relation of treatment of prisoners. This traditional precept of the Church obliges the Archdeacon to visit the prisioners on Sundays in order to turn to them for mercy and guarantee certain needs in this case not only spiritual but also material. Moreover, this canon is based on a series of principles based on humanity, piety, benevolence and aequitas, introduced from the fourth century in Roman law; and in our paper, we analyze the traces that these left not only in the canon but also in modern penitentiary law. We could also observe, as the principle of humanity, which is perceived by Emperor Constantine's provisions in CTh. 9.3.1.pr = C.9.4.1 pr., or those of Honorio and Theodosius contained in C.1.4.9, leaves his faithful reflection in articles as art.6 of the L.O. 1/79, of 26 of September General Penitentiary Law and other supranational rules.

In this paper we shall focus on the analysis of Innocent III’s power over Philip Augustus and Alfonso IX’s marital issues. Innocent challenged these kings because he could not allow Western monarchs to maintain marital unions which could be censurable in the eyes of his subjects since they were bigamous or had consanguinity ties below the fourth degree. Innocent was well acquainted with the canonical doctrine and proved himself willing to apply it to kings regardless of the special rights of the sovereigns of France and León over whom the shadow of excommunication and interdict (seven years for the Leonese and two decades for the French king) threateningly loomed; before this unexpected challenge the monarchs dared oppose Rome. This also allows us to compare and contrast the relationship between Innocent and the two monarchs.

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Abstract: Each of the two great law-making events of 1215, Magna Carta and the Fourth Lateran Council, included provisions relating to dispossession (spoliation, disseisin) and how to remedy some of its previous deficiencies. This paper considers the legal texts in some detail and the history behind them, in canon law and, in relation to this topic, its Roman base; and in England, notably the legislation of the Anglo-Norman King Henry II (1154-1189). It then considers the effect of these changes in both canon and secular law after 1215 in the rest of the 13th century and a little beyond. The Anglo-Norman royal law is also compared with variants found in boroughs or cities (like London); in northern France; and in the Liber Augustalis of Frederick II for his kingdom in Sicily and southern Italy.

Copyright of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III is the property of Vergentis. Revista de Investigacion de la Catedra Internacional conjunta Inocencio III and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper contributes to the study of the social function of adoptive parenthood (adoptio & adrogatio) in the Lex Romana Visigothorum or Breviario de Alarico (506 d.C) during the reconquest after the islamic invasion in the Municipal Fueros and the code of laws (Fuero of Soria, Fuero Real and Siete Partidas) during the reign of Alfonso X the Wise (1252-1284).