0000000000290269
AUTHOR
Rossi Guido
showing 4 related works from this author
Civilians and Insurance: Approximations of Reality to the Law
2015
In the study of the history of insurance, much attention has been paid to early modem jurists. Their importance as a source for the study of the subject is, however, debatable. Early modem jurists were more interested in systematising insurance than in describ ing it for what it was. Their main effort lay in explaining this non-Roman contract in Roman law terms. To do so, something had to be sacrificed - reality
The London ‘Booke of Orders’: a 16th Century Civil Law Code in England
2012
Th e 16th century was the century of ‘codifi cation’ of insurance customs in Europe. Th e passage from oral knowledge to written rules entailed signifi cant changes and favoured major developments. Th is was particularly the case for England, where an insurance code was written between the late 1570s and the early 1580s. In the 16th century English mercantile customs evolved rapidly, detaching themselves from the Italian infl uence. At the same time, the increasing importance of Anglo-Dutch trade favoured the assimilation of Dutch customs into the London insurance practice. Th e fast development of English insurance customs, however, entailed signifi cant uncertainty as to the applicable ru…
Ordinatio ad Casum: Legal Causation in Italy, 14th-17th centuries
2023
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.
Preface, Authorities in Early Modern Law Courts
2021
did the early-modern case law of higher courts across Europe have authority? If so, in what sense? This is the question that dominates the book, looking at many different early modern jurisdictions across Europe.