Political space and boundaries in the late medieval juridical science
DOI:
https://doi.org/10.6092/1593-2214/162Keywords:
Law, Customs, Community, Territory, Borders, BoundariesAbstract
In what Paolo Grossi calls «the sapiential Middle Ages» jurists engaged themselves in defining a set of rules aiming at the settlement of boundary disputes, which previously were not established by any normative text. The Corpus Iuris concerns nearly exclusively boundary disputes between private individuals. References to texts of the Roman law were meant to give ‘authority’ to resolutions often based upon customary praxis. The norms elaborated by Middle Ages jurists are thus given a formal legal shape; yet, they are linked to a perception of the boundaries between communities that was affected by the displacements, the customs, the common needs of everyday life. On the other side the existence of actual neat demarcations was linked to the exertion of certain rights and privileges rather than to an exclusive and absolute political claim.
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