- Dept. of Legal Sciences, Language, Interpretation and Translation - IUSLIT, Piazzale Europa 1
34127 Trieste
University of Trieste (I) - +390405583241
- Roman Law, Ancient Laws on Waters, Etruscology, Epigraphy, Fisheries, Villae Maritimae, and 25 moreCommons, Res Publicae, Roman Law on Waters, Romanistic Tradition, Heretical Criminal Law, Codex Theodosianus, François Bauduin, Anabaptist Studies, Roman Archaeology, Early Christianity, Late Antiquity, Heresy, Early Rome, Climate Change, Cultural Anthropology, Human impacts on ancient environments, Roman Landscape, Environmental History, Landscape and Land-use-history, Acculturation and 'Romanisation', Latin Epigraphy, Roman Epigraphy, Cultural Change and Political Dominance (Hellenization, Romanization), Roman Provincial Archaeology, and Roman Historyedit
This contribution deals with a comparative analysis of some terms that distinguish a subject on the basis of his origin: from "oriundus" to "origo" to "natio" to "domicilium". Legal, historical and epigraphic sources are analyzed to... more
This contribution deals with a comparative analysis of some terms that distinguish a subject on the basis of his origin: from "oriundus" to "origo" to "natio" to "domicilium". Legal, historical and epigraphic sources are analyzed to distinguish the various parameters with which the legal nature of a person is characterized.
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A picture of the ways in which religious uniformity in the Christian West was ensured over the centuries is presented, from Constantine and his shifting struggle against Arianism and Donatism, through the Middle Ages, when Canon Law... more
A picture of the ways in which religious uniformity in the Christian West was ensured over the centuries is presented, from Constantine and his shifting struggle against Arianism and Donatism, through the Middle Ages, when Canon Law invents the notion of crime of "Divine lese-majeste", till the Modern Age, when the struggle against heresies is helped by the application of Roman criminal law. For example, the anti-Donatist laws enacted in V cent. E. C. were at the basis of repression of the anabaptist movement.
Finally, some roots by which freedom of conscience and freedom of expression were won are examined as well.
Finally, some roots by which freedom of conscience and freedom of expression were won are examined as well.
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The paper aims to highlight how the titles of the Theodosian and Justinianean codes dedicated to the plundering of a tomb, while bearing the same name as the classical actio sepulchri violati, sanctioned partially different behaviors,... more
The paper aims to highlight how the titles of the Theodosian and Justinianean codes dedicated to the plundering of a tomb, while bearing the same name as the classical actio sepulchri violati, sanctioned partially different behaviors, such as the demolition of funerary buildings to extract reused construction materials. However, a continuity with the previous centuries forms of repression can be found in the provisions forbidding
the unearthing of the corpses, especially to extract relics: an interesting case of rereading an old rule in the light of the new forms of religiosity resulting from the Christianization of the empire
the unearthing of the corpses, especially to extract relics: an interesting case of rereading an old rule in the light of the new forms of religiosity resulting from the Christianization of the empire
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The analysis of the legal sources of the second and third centuries AD,aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit... more
The analysis of the legal sources of the second and third centuries AD,aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit of the discussions developed among the imperial jurists but, on the contrary, an attempt to build a special category within the res publicae, open to anyone regardless of Roman citizenship, which, however, when it was created by Marcian, would need further reflection. However, such an in-depth study was not possible due to the lack of scientific activity of the jurists after Gordian III. A close analysis of the scene of Plautus’ Rudens is also carried out, in order to attempt a correct framing of the discussion on the historical process that involved the definition of the sea as res communis omnium.
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L'uomo deve necessariamente rapportarsi in modo simbiotico con la realtà che lo circonda, rispettandola e, allo stesso tempo, traendone il massimo beneficio. Con lo scorrere dei secoli, lo sviluppo industriale e la nascita di sempre nuove... more
L'uomo deve necessariamente rapportarsi in modo simbiotico con la realtà che lo circonda, rispettandola e, allo stesso tempo, traendone il massimo beneficio. Con lo scorrere dei secoli, lo sviluppo industriale e la nascita di sempre nuove e differenti esigenze economiche e sociali, si è inevitabilmente modificata la relazione tra il territorio e i suoi fruitori, aumentando il bisogno di una migliore pianificazione, nella considerazione dei vari equilibri in gioco. Questo volume è la sintesi di un percorso di conferenze sviluppate su contesti argomentativi e temporali che possono a prima vista apparire distanti tra loro, ma che sono tutti uniti dalla medesima sensibilità, nonché dalla volontà di dimostrare l'ineliminabile e poliedrico flusso di relazioni che si sviluppano tra la natura e il genere umano
A picture is traced of the various forms with which, in the past, the surveillance of private behaviors was arranged, starting from the regimen morum of the Roman censors and the forms of family control of women's behaviors, passing... more
A picture is traced of the various forms with which, in the past, the surveillance of private behaviors was arranged, starting from the regimen morum of the Roman censors and the forms of family control of women's behaviors, passing through the "police of consciences" constituted by the various Inquisitions of the early modern age, to arrive to the most modern forms of intrusion into private lives elaborated by smart systems
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Through a textual analysis of legislative output in the western empire of the V century, the paper aimes to highlight the worsening of problems already arisen in the previous century, both on finding construction materials, especially... more
Through a textual analysis of legislative output in the western empire of the V century, the paper aimes to highlight the worsening of problems already arisen in the previous century, both on finding construction materials, especially noble ones (such as statues, marble, columns), and of the retrieval of financial resources. The purpose of the resources at the disposal of cities, which the late imperial lawmaker repeatedly orders to be used in the restoration of existing bu- ildings rather than in construction of new ones, highlights a problem of financial scarcity, exacerbated by the collapse of the system of evergetism, which had been at the heart of the housing policy of civitates in early empire.
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The paper aims to highlight the difficult relationship established by Roman elites to the environments and natural resources, based on simple exploitation and with little (or none) awareness about the environmental consequences of... more
The paper aims to highlight the difficult relationship established by Roman elites to the environments and natural resources, based on simple exploitation and with little (or none) awareness about the environmental consequences of economic activities. This perspective is conducted analyzing sources relating to mining exploitation, fish farming in fishponds and the impact of agriculture on soil stability.
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It is an incontrovertible fact that the Romans had a profound, and often irreversible, impact on the landscapes in which they lived. Coasts, mines, rural environments themselves were heavily affected by a tireless activity of remodeling... more
It is an incontrovertible fact that the Romans had a profound, and often irreversible, impact on the landscapes in which they lived. Coasts, mines, rural environments themselves were heavily affected by a tireless activity of remodeling the spaces and the often savage exploitation of natural resources. Deforestation was massive, due to the need to procure timber as domestic and industrial fuel, and material for building and shipbuilding . Another powerful contribution to soil degradation was given by colonization: the need to acquire land to distribute to the settlers led to massive deforestation which, obviously (and as we moderns also experience every day), caused extensive phenomena of soil erosion and instability . The contribution attempts to verify whether these problems, well known to the Romans themselves, prompted interventions aimed at moderating their impact on the environment, concluding that the attention of legal practitioners was directed to the productive aspects, with no interest in landscape protection.
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The paper deals with the postcolonial studies from a historical-legal perspective. In a dialogue between disciplines often deaf to each other, can Roman law improve a better understanding of Roman expansionism and challenge the current... more
The paper deals with the postcolonial studies from a historical-legal perspective. In a dialogue between disciplines often deaf to each other, can Roman law improve a better understanding of Roman expansionism and challenge the current interpretations of Roman conquest in terms of “identicide”, “democide”, “urbicide” analogous in form, if not in size, to the genocidal behaviours of the 20th and 21th centuries? Can Roman law be seen as a unifying factor, but at the same time, due to self-government granted to the civitates, as a counter-argument to the “imperialistic” interpretation of the Roman Empire?
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This paper illustrates the scholars who worked in the Institute of Roman Law of the Faculty of Law of the University of Trieste until the Institute was closed in 2012. In particular, the figures of Pietro Pescani, Filippo Gallo, Giuliano... more
This paper illustrates the scholars who worked in the Institute of Roman Law of the Faculty of Law of the University of Trieste until the Institute was closed in 2012. In particular, the figures of Pietro Pescani, Filippo Gallo, Giuliano Cervenca, Giuseppe Gandolfi, Franco Gnoli, Giorgio Barone Adesi, Mario Fiorentini and Paolo Ferretti are outlined.
I am the author of § 4 and § 6 of this paper.
I am the author of § 4 and § 6 of this paper.
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In this paper a survey of sources, both literary and legal, related to the development of coastal occupation by the roman élites is drawn.
Research Interests: Roman Villae, Human impacts on ancient environments, Roman land use and the agrarian economy, Marcus Terentius Varro, L. Junius Moderatus Columella, and 6 moreMaritime Villas, Roman Law, Environmental Issues, Woodland Protection, Roman fishponds, Litus Maris, Res Communes Omnium, and Marcus Porcius Cato
La libertà di coscienza è il criterio principale per valutare la risposta delle società alle domande di spazi di autonomia degli individui. Il volume analizza le forme di repressione della dissidenza religiosa dall’Impero romano–cristiano... more
La libertà di coscienza è il criterio principale per valutare la risposta delle società alle domande di spazi di autonomia degli individui. Il volume analizza le forme di repressione della dissidenza religiosa dall’Impero romano–cristiano ai secoli XVI–XVII, mediante la comparazione tra la legislazione antiereticale tardo–romana e le normative emanate nell’Europa della prima età moderna. Particolare attenzione è riservata alle discussioni tra i giuristi in favore o contro le pene di sangue e all’analisi del tentativo, prospettato da François Bauduin (1520–1573), di ridimensionare la portata sanguinaria delle normative tardo–antiche che disponevano la pena capitale per gli eretici, realizzato con una critica interpolazionistica impiegata non a scopi filologici ma per indurre i legislatori a mitigare le normative penali antiereticali. Il libro viene così a toccare il tema delle vie sanguinose e irte di sofferenze per le quali si è arrivati prima all’idea di tolleranza e poi di convivenza religiosa.
Research Interests: Criminal Law, Anabaptism, Protestantism, Augustine of Hippo, Heresy, and 15 moreManichaeism, Holy Roman Empire, Christian Heresies, Constantine, Mos Gallicus, Donatism, Interpolation, Codex Theodosianus, Christianity and Roman Empire, Emperor Charles V, Donatist Conflict, François Bauduin, Late Roman Law, Criminal Law in Early Modern Europe, and Heresy Early Modern Era
The a. tries to assess whether the Roman cultural and legal experience have known a sensitivity towards the protection of landscapes (as a notion other than the environment). The research focuses on the consequences of economic action on... more
The a. tries to assess whether the Roman cultural and legal experience have known a sensitivity towards the protection of landscapes (as a notion other than the environment). The research focuses on the consequences of economic action on rural, coastal, marine and urban landscapes, giving a substantially negative answer to the issue.
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The paper aims at the critique of the toxic narrative that primary and university education must be functional to the needs of the labour market. At this purpose, it looks at some documents drawn up by the Ministry of Education,... more
The paper aims at the critique of the toxic narrative that primary and university education must be functional to the needs of the labour market. At this purpose, it looks at some documents drawn up by the Ministry of Education, criticizing the company-type approach they intend to impose on the school (e.g. accustomed students from primary school to competition and entrepreneurial spirit), with particular attention to the linguistic tools adopted by the Ministry.
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The paper aims to review the "De archivis commentarius" of the jurist and bishop Albertino Barison (Padua, 1587-Ceneda, 1667), which examines the problem of archives in the Roman world. In particular, the author states that, since the... more
The paper aims to review the "De archivis commentarius" of the jurist and bishop Albertino Barison (Padua, 1587-Ceneda, 1667), which examines the problem of archives in the Roman world. In particular, the author states that, since the production of official written documents has been attested from the very beginning of Roman history , there must have been a place where they were kept: an archive, located by the author at the aererium in the temple of Saturn. The contribution aims to place the author in the cultural context of the first half of the seventeenth century, analyzing the legal and literary sources used in the treatise.
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The paper explores some Roman legal sources, in order to assess the response of the law to health problems caused by epidemics. In particular, a text by Roman jurist Ulpian is examined, which states that the good maintenance of the city... more
The paper explores some Roman legal sources, in order to assess the response of the law to health problems caused by epidemics. In particular, a text by Roman jurist Ulpian is examined, which states that the good maintenance of the city sewers avoids the production of caelum pestilens, identified in the so called "Antonine plague"
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Presentation of the volume by M. Giagnorio, "Cittadini e sistemi fognari nell'esperienza giuridica romana", Cacucci, Bari, 2020, pp. XI-XVIII
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The paper draws the history of the six "Encounters between historians and ancient law scholars", and stresses the relevance of the interdisciplinarity of research on the ancient world.
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This paper aims to highlight the conceptual differences between the modern notion of “commons” and the Roman one of res communes omnium, in order to avoid the misuse of Roman notions to define modern concepts, such as that of “common... more
This paper aims to highlight the conceptual differences between the modern notion of “commons” and the Roman one of res communes omnium, in order to avoid the misuse of Roman notions to define modern concepts, such as that of “common goods” or “common pools resources”. The structural difference between the modern notion of “common goods” and the Roman one of res communes omnium is given by their use regime: while the “common goods” are not subject to private appropriation, the res communes omnium were appropriable in portions which did not prejudge the analogous uses that the other subsidiaries had on the good.
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Through the analysis of some historical, archaeological and legal sources, this paper aims to verify if the economic activities undertaken in the Roman world (mining cultivations, intensive fishing and coastal housebuilding) had a... more
Through the analysis of some historical, archaeological and legal sources, this paper aims to verify if the economic activities undertaken in the Roman world (mining cultivations, intensive fishing and coastal housebuilding) had a meaningful impact on the environments and, above all, if the negative externalities of such works had some form of control from the public authorities (jurists or imperial legislators). The answer to this investigation will be negative.
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This paper tries a reappraisal of the Hadrian’s edict forbidding burials inside the civitates, reported by Ulpian (25 ad ed. praet., D. 47, 12, 3, 5), compared with pre-existing rules, such as XII Tab., X, 1, forbidding burning and... more
This paper tries a reappraisal of the Hadrian’s edict forbidding burials inside the civitates, reported by Ulpian (25 ad ed. praet., D. 47, 12, 3, 5), compared with pre-existing rules, such as XII Tab., X, 1, forbidding burning and burying inside the Urbs.
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The historical lines of the conflictual relationship , among the public management of the aqueducts, aimed to the control of the water concessions and the defense of the structures are examined, and the private practices who would’nt... more
The historical lines of the conflictual relationship , among the public management of the aqueducts, aimed to the control of the water concessions and the defense of the structures are examined, and the private practices who would’nt hesitate to damage the ducts to steal water. The rules on the imperial concessions and those on the strips of land on either side of the aqueducts are also analyzed.
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The paper includes an analysys of cases related to the interdicta de cloacis investigated by Roman Jurists in I-III centuries AD and related to the right to conduct private sewers into public ones and to clean them, if obstructed, also in... more
The paper includes an analysys of cases related to the interdicta de cloacis investigated by Roman Jurists in I-III centuries AD and related to the right to conduct private sewers into public ones and to clean them, if obstructed, also in spite of neighbours’ opposition. The case - system discussed by Roman Jurists may also help solve a question at the top of interest among the scholars: did Romans think about an «environmental
protection»? Can it be identified in a more modest and empirical, yet essential, protection of the hygienic-sanitary conditions in the Roman cities? Finally, some considerations of Severan Jurists may help verify an interesting intersection among legal reasoning and medical theories on the onset of the epidemics, with particular reference to the miasma - theory of hippocratic origin, reassessed by Galen.
protection»? Can it be identified in a more modest and empirical, yet essential, protection of the hygienic-sanitary conditions in the Roman cities? Finally, some considerations of Severan Jurists may help verify an interesting intersection among legal reasoning and medical theories on the onset of the epidemics, with particular reference to the miasma - theory of hippocratic origin, reassessed by Galen.
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The paper includes an analysis of cases about the interdicta de cloacis investigated by Roman jurists in I-III centuries AD, related to the right to conduct private sewers into public ones and to clean them, if obstructed, also in spite... more
The paper includes an analysis of cases about the interdicta de cloacis investigated by Roman jurists in I-III centuries AD, related to the right to conduct private sewers into public ones and to clean them, if obstructed, also in spite of neighbours’ opposition. The case system discussed by Roman jurists may also help solve a question at the top of interest among the scholars: did Romans think about an «environmental protection»? Can it be identified in a more modest and empirical, yet essential, protection of the hygienic, sanitary conditions in the Roman cities? Finally, some considerations of Severan jurists may help verify an interesting intersection among legal reasoning and medical theories on the onset of the epidemics, with particular reference to the miasma - theory of hippocratic origin, reassessed by Galen.
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The paper criticizes some recent interpretations of the Roman legal concept of res communes omnium, often assimilated to modern notion of “common pool resources”. Through the analysis of the legal discipline of the most relevant res... more
The paper criticizes some recent interpretations of the Roman legal concept of res communes omnium, often assimilated to modern notion of “common pool resources”. Through the analysis of the legal discipline of the most relevant res communes omnium, the sea and the seaside, I conclude that the rules of this Roman category of things are not anyhow comparable to those of “common goods”. In fact, while these are characterized by the only possibility to extract values of use from the good, without any chance of appropriation, the public character of the use of the beach and the sea in thinking of the Roman jurists allows the appropriation of portions.
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The "Premessa" (coauthored by Paolo Ferretti and Davide Rossi) aims to explain reasons and outlines of the Essays Collected in "IL GOVERNO DEL TERRITORIO NELL'ESPERIENZA STORICO-GIURIDICA". The brief essay titled "Note a margine alla... more
The "Premessa" (coauthored by Paolo Ferretti and Davide Rossi) aims to explain reasons and outlines of the Essays Collected in "IL GOVERNO DEL TERRITORIO NELL'ESPERIENZA STORICO-GIURIDICA".
The brief essay titled "Note a margine alla Tavola Rotonda su 'Beni comuni e gestione dei servizi tra pubblico e privato' " (I am the one author of) contains some reflexions about a Seminar on public-services management in an historical, philosophical and constitutional perspective.
The brief essay titled "Note a margine alla Tavola Rotonda su 'Beni comuni e gestione dei servizi tra pubblico e privato' " (I am the one author of) contains some reflexions about a Seminar on public-services management in an historical, philosophical and constitutional perspective.
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A framework of the early legal work of Johann Jakob Bachofen (1815 – 1887) is drawn. Student of Friedrich Carl von Savigny and first close follower of his master's "Historische Rechtsschule", soon he began to diverge, until he arrived at... more
A framework of the early legal work of Johann Jakob Bachofen (1815 – 1887) is drawn. Student of Friedrich Carl von Savigny and first close follower of his master's "Historische Rechtsschule", soon he began to diverge, until he arrived at the comparative study of cultures, culminating with his "Mutterrecht". In this study a draft of this shifting in his methodology is drawn.
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a brief reflection on the relationships between the Romans and the environment in terms of provision of legal protective means of urban health . The text excludes that these means had the purpose to protect the environment in itself... more
a brief reflection on the relationships between the Romans and the environment in terms of provision of legal protective means of urban health . The text excludes that these means had the purpose to protect the environment in itself considered. On the contrary, it was seen only as an element of productive agricultural yields and profit.
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The article aims to understand why the Roman jurists had sometimes felt the need to support their legal arguments with the help of verses taken from the Iliad and the Odyssey of Homer. As the first step, this study focused on the famous... more
The article aims to understand why the Roman jurists had sometimes felt the need to support their legal arguments with the help of verses taken from the Iliad and the Odyssey of Homer. As the first step, this study focused on the famous dispute between Sabinians and Proculians about the relationship between the sale and the barter, attested in two basic sources, Gaius, 3, 141, and Paul, 33 to edictum, D. 18, 1, 1, which contain four quotes from Homer; subsequently it has been extended to the entire repertory of quotations from Homer present in Roman legal texts surviving in the Corpus Juris Civilis. The general purpose of the research has been to explore the theory according to which the quotes made by the Roman jurists would have had merely rhetorical or decorative intents, lacking whatever purpose of hermeneutical clarification. the end of the research supports the hypothesis that, on the contrary, these poetical sources would serve not only and not so much to prove the Greek origin of the Roman disciplines, but to define or clarify the contours of technical expressions (as venenum in the lex Cornelia de sicariis et veneficis, as analyzed in Gaius, 4 to legem XII tabularum, D. 50, 16, 236 pr., with respect to Od., 4, 230) or to illustrate, with the support of the Greek quotations, special disciplines of Roman institutions. This would be, therefore, a clear strategy of argumentation, introduced by Masurius Sabinus and improved by jurists of the second century.
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Legal and gromatical sources confront us directly with human behaviours responsible of environmental change. Roman legal experts have extensively dealt with the agrarian structures and of the modifications they underwent due to human... more
Legal and gromatical sources confront us directly with human behaviours responsible of environmental change. Roman legal experts have extensively dealt with the agrarian structures and of the modifications they underwent due to human activities. Of course, that was carried out from the particular perspective of the legal expert called upon to evaluate the compatibility of the activities conducted by private actors with the legal framework, as well as to discuss the applicability of legal measures in cases of trial. The behaviours of private persons, described by legal experts, show farmers engaged in modelling the landscape, through its adaptation to their productive needs, and the value judgement expressed by the legal establishment respecting the resulting changes in the agrarian environments.
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A useful contribution to the study of the history of interactions between humans and the environment can be provided by an analysis of how the occupa-tion and exploitation of the coastline proceeded in Roman times, by the review of the... more
A useful contribution to the study of the history of interactions between humans and the environment can be provided by an analysis of how the occupa-tion and exploitation of the coastline proceeded in Roman times, by the review of the answers given by the law to problems of classification of eco-nomic goods, as well as by the knowledge of con-flicts over the exploitation of marine resources. The absence of a Roman law concept of “public prop-erty” regarding the seashore, similar to the modern concept of eminent domain, allowed all subjects to occupy parts of the coast to build villas, private ports or factories, causing inevitable conflicts with other “appropriators” such as fishermen, on which the relevant legal sources contain important state-ments. The occupation of the coast, although quan-titatively incomparable with that presently affecting coastal environments, was intensive even in Roman times. A question arises: did the public opinion or the government feel the need to regulate or even curb the ostentatious luxury of the upper classes re-sulting from the Roman occupation of the coast? The conclusion of this essay is that no contribution can be made by Roman law to developing protec-tion of marine and coastal ecosystems against dete-rioration caused by human activities.
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Within the context of a renewed interest in environmental issues, the trend of a not insignificant part of the contemporary doctrine can be detected to find even in the Roman world, and in the legal as well, traces of measures aimed to... more
Within the context of a renewed interest in environmental issues, the trend of a not insignificant part of the contemporary doctrine can be detected to find even in the Roman world, and in the legal as well, traces of measures aimed to regulate and, if possible, to contain the phenomenon of water and air pollution. This essay aims to answer these trends, and to evaluate them methodologically unreliable, through an analysis of the sources used by a Spanish scholar (JL ZAMORA MANZANO, Precedentes Romanos sobre el derecho ambiental, Madrid, Edisofer, 2003) as evidence of the existence of "a history of environmental law in Rome", and trying to prove that none of the witnesses, legal and literary, quoted can be referred to the alleged intention.
The first part of the essay focuses on issues related to water pollution.
The first part of the essay focuses on issues related to water pollution.
Sacra gentilicia are a main evidence of gentes’ originary autonomy within the civitas. An analysis of the sources about several cults held by main gentes in Republican age confirms the internal charachter of the gentilician cult, often... more
Sacra gentilicia are a main evidence of gentes’ originary autonomy within the civitas. An analysis of the sources about several cults held by main gentes in Republican age confirms the internal charachter of the gentilician cult, often strenghtened by myths about origins of the rituals going back to the oldest stage of the roman religious tradition. Nevertheless any attempt to include funerary rites among the gentilician cult should be refused, since they commemorate the defunct ancestors, and only the agnates, but don’t purpose to ensure the union of the various families bearing the same nomen gentilicium. Informations about gentilician burials should be compared with those about distinguished subjects of republican history buried inside the pomerium. Such analysis may help to solve open questions about the problems of sacred urban space, relationships between pomerium and Urbs and the various ways of urban space occupation.
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A career soldier, probably completely uneducated, Aureliano was able to govern where many of his predecessors had failed. Taking power without bloodshed, which was rare in previous decades, he began by freeing Italy from the incursions of... more
A career soldier, probably completely uneducated, Aureliano was able to govern where many of his predecessors had failed. Taking power without bloodshed, which was rare in previous decades, he began by freeing Italy from the incursions of the barbarians and cooled the Danube border which in the last two centuries had represented a perennial threat. But above all he returned to Rome the dominion over the East which in recent times had in fact been taken over by the kingdom of Palmyra, the Syrian city that had managed to extend its power to Egypt, the granary of the Urbs. After deposing the powerful queen Zenobia, Aureliano regained possession of that geopolitical quadrant of enormous strategic importance. Then it subdued the Gaul empire, which included Spain and Britain, and which during the military anarchy had given rise to the secession from Rome, representing the thorn on the western side. In addition to having restored unity to the empire, Aureliano dealt effectively with the government. He surrounded Rome by the circle of walls that bears his name eight centuries after those of Servius Tullius, carried out economic, administrative and juridical reforms and fed the people with food donations. He died for a banal conspiracy of courtiers with no political relevance.
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The debate on the existence of a sensitivity towards the harmful effects determined by productive activities on the in the Roman world has become more and more intense in recent decades, reflected in the terrible problems that the planet... more
The debate on the existence of a sensitivity towards the harmful effects determined by productive activities on the in the Roman world has become more and more intense in recent decades, reflected in the terrible problems that the planet is facing with the increasingly serious climate crisis underway. A significant part of the historical-legal research believes that the Romans had developed an empirically founded awareness of the harmful consequences of economic action on the livability of the environment, or at least that measures aimed at other purposes could indirectly promote their protection. Based on a careful reading of the sources, this book comes to the conclusion that, with the exception of a few minoritarian voices, the preservation of environments was never at the center of the concerns of economic operators. Not even jurists chose environmental protection as the parameter of evaluation of economic action. This conclusion does not alter the fact that health concerns have at times led legal practitioners to develop instruments for the defence of living conditions in urban agglomerations.
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La libertà di coscienza è il criterio principale per valutare la risposta delle società alle domande di spazi di autonomia degli individui. Il volume analizza le forme di repressione della dissidenza religiosa dall’Impero romano–cristiano... more
La libertà di coscienza è il criterio principale per valutare la risposta delle società alle domande di spazi di autonomia degli individui. Il volume analizza le forme di repressione della dissidenza religiosa dall’Impero romano–cristiano ai secoli XVI–XVII, mediante la comparazione tra la legislazione antiereticale tardo–romana e le normative emanate nell’Europa della prima età moderna. Particolare attenzione è riservata alle discussioni tra i giuristi in favore o contro le pene di sangue e all’analisi del tentativo, prospettato da François Bauduin (1520–1573), di ridimensionare la portata sanguinaria delle normative tardo–antiche che disponevano la pena capitale per gli eretici, realizzato con una critica interpolazionistica impiegata non a scopi filologici ma per indurre i legislatori a mitigare le normative penali antiereticali. Il libro viene così a toccare il tema delle vie sanguinose e irte di sofferenze per le quali si è arrivati prima all’idea di tolleranza e poi di convivenza religiosa.
Research Interests: Protestantism, Augustine of Hippo, Medieval Canon & Roman Law, Holy Roman Empire, Christian Heresies, and 12 moreConstantine, Roman Inquisition, Donatism, Interpolation, Codex Theodosianus, Roman Criminal Law, Roman Catholic Canon Law, Christianity and Roman Empire, Emperor Charles V, François Bauduin, Criminal Law in Early Modern Europe, and Heresy Early Modern Era
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RIASSUNTO: La ricerca tenta un riesame globale della questione dei culti privati, e in particolare di quelli gentilizi, e del posto da essi occupato all’interno delle forme religiose romane sviluppandosi su un duplice fronte: da una parte... more
RIASSUNTO: La ricerca tenta un riesame globale della questione dei culti privati, e in particolare di quelli gentilizi, e del posto da essi occupato all’interno delle forme religiose romane sviluppandosi su un duplice fronte: da una parte si è proceduto a una riconsiderazione quanto più accurata possibile della storiografia moderna, a partire dal XVI secolo, con l’analisi di alcune posizioni dottrinali particolarmente significative.
Per un altro verso, si è proceduto a una riconsiderazione globale delle fonti conosciute sui culti gentilizi per verificare sia l’autenticità delle informazioni trasmesse dai testi che le riportano, sia il reale significato attribuito al culto all’interno del gruppo gentilizio, per cogliere i rapporti instauratisi nel corso dei secoli tra questo e il culto pubblico cittadino. A questo scopo sono stati raccolti i testi più significativi che menzionano culti di gentes, tentando di accertarne la natura, pubblica o privata, sulla quale si riscontrano spesso notevoli discordanze in dottrina.
L’esame delle fonti sui culti gentilizi ha poi permesso di rilevare una vitalità nella produzione di miti da parte delle gentes ancora in piena età repubblicana. Ciò sembra smentire le ricostruzioni, eccessivamente rigide, di molta parte della dottrina, che ha ipotizzato un meccanico sovrapporsi della struttura religiosa cittadina, specchio della raggiunta maturità politica della civitas, sulle forme religiose, tendenzialmente centrifughe, dei gruppi gentilizi, che sarebbero state relegate tra le forme di culto privato. Invece i due momenti non si sono succeduti in un rapporto meramente cronologico né in una sequenza di forme dalla più semplice alla più complessa, ma hanno proceduto parallelamente, seppure con vitalità diversa e con diverso destino. In particolare alcuni episodi di II secolo a.C. mostrano come la cura del culto privato abbia ancora un’efficacia dirimente anche nei confronti delle cariche pubbliche.
ABSTRACT: This research tries a global reexamination of the topic of the Roman private cults, and particularly of the sacra gentilicia, in order to understand the place they occupied inside the Roman religious forms. The book develops on a double front: on one side it proceeds to a reconsideration of the modern historiography, from the very XVI century, analysing some particularly meaningful doctrinal positions.
On the other side, it proceeds to a global reconsideration of the sources on the gentilician cults, in order to verify both the authenticity of the informations transmitted by the texts that mention them, and the real meaning attributed to the cults inside the gentilician groups, in order to recognize the relationships between them and the city public cult. To this purpose the most meaningful texts mentioning cults of gentes have bee gathered, trying to verify their nature, public or private, a problem on which notable discordances are often found in doctrine.
Furthermore, the examination of the sources about the gentilician cults has allowed to notice a vitality in production of gentilician myths still in full republican age. This seems to deny the sometimes excessively rigid reconstructions of a significant part of the doctrine, which has hypothesized a mechanic overlapping of some city religious structures,, mirror of the political maturity of the civitas, on the potentially centrifuge religious forms of the gentilician groups, relegated among the forms of private cult. Instead, the two moments not merely supervened in chronological relationship, neither in a sequence of forms from the simplest to the most complex, but they parallelly proceeded, even though with different vitality and destiny. Particularly, some episodes of II century B.C. show as the care of the private cult has still a settling effectiveness towards the public magistratures, such as consulship.
Per un altro verso, si è proceduto a una riconsiderazione globale delle fonti conosciute sui culti gentilizi per verificare sia l’autenticità delle informazioni trasmesse dai testi che le riportano, sia il reale significato attribuito al culto all’interno del gruppo gentilizio, per cogliere i rapporti instauratisi nel corso dei secoli tra questo e il culto pubblico cittadino. A questo scopo sono stati raccolti i testi più significativi che menzionano culti di gentes, tentando di accertarne la natura, pubblica o privata, sulla quale si riscontrano spesso notevoli discordanze in dottrina.
L’esame delle fonti sui culti gentilizi ha poi permesso di rilevare una vitalità nella produzione di miti da parte delle gentes ancora in piena età repubblicana. Ciò sembra smentire le ricostruzioni, eccessivamente rigide, di molta parte della dottrina, che ha ipotizzato un meccanico sovrapporsi della struttura religiosa cittadina, specchio della raggiunta maturità politica della civitas, sulle forme religiose, tendenzialmente centrifughe, dei gruppi gentilizi, che sarebbero state relegate tra le forme di culto privato. Invece i due momenti non si sono succeduti in un rapporto meramente cronologico né in una sequenza di forme dalla più semplice alla più complessa, ma hanno proceduto parallelamente, seppure con vitalità diversa e con diverso destino. In particolare alcuni episodi di II secolo a.C. mostrano come la cura del culto privato abbia ancora un’efficacia dirimente anche nei confronti delle cariche pubbliche.
ABSTRACT: This research tries a global reexamination of the topic of the Roman private cults, and particularly of the sacra gentilicia, in order to understand the place they occupied inside the Roman religious forms. The book develops on a double front: on one side it proceeds to a reconsideration of the modern historiography, from the very XVI century, analysing some particularly meaningful doctrinal positions.
On the other side, it proceeds to a global reconsideration of the sources on the gentilician cults, in order to verify both the authenticity of the informations transmitted by the texts that mention them, and the real meaning attributed to the cults inside the gentilician groups, in order to recognize the relationships between them and the city public cult. To this purpose the most meaningful texts mentioning cults of gentes have bee gathered, trying to verify their nature, public or private, a problem on which notable discordances are often found in doctrine.
Furthermore, the examination of the sources about the gentilician cults has allowed to notice a vitality in production of gentilician myths still in full republican age. This seems to deny the sometimes excessively rigid reconstructions of a significant part of the doctrine, which has hypothesized a mechanic overlapping of some city religious structures,, mirror of the political maturity of the civitas, on the potentially centrifuge religious forms of the gentilician groups, relegated among the forms of private cult. Instead, the two moments not merely supervened in chronological relationship, neither in a sequence of forms from the simplest to the most complex, but they parallelly proceeded, even though with different vitality and destiny. Particularly, some episodes of II century B.C. show as the care of the private cult has still a settling effectiveness towards the public magistratures, such as consulship.
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This report analyzes the constitutions issued in the 4th and 5th centuries. a. D. against Christian groups who preserved Jewish cult practices regarding circumcision, food prescriptions and liturgical celebrations, especially Easter.
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The report aims to highlight the classificatory profiles and the economic exploitation of the marginalized areas (loca relicta, agri extra clusi) inside the coloniary territories, in particular for herding, as detaileb by the auctors of... more
The report aims to highlight the classificatory profiles and the economic exploitation of the marginalized areas (loca relicta, agri extra clusi) inside the coloniary territories, in particular for herding, as detaileb by the auctors of the Gromatic works. The conflicts between herders and settlers and the ways to revolve such lawsuits are reviewed as well..
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A brief overview of the history of studies on Justinian's Corpus Iuris is outlined, from the rediscovery in the 12th century to the interpolationistic studies of the end of the 19th-mid 20th century, up to the most recent developments.
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Although the Roman woman was legally subjected to guardianship of a man, the father, the husband of a tutor (with some exceptions in the imperial age), therefore not being able to formally dispose of her patrimony freely, and was deprived... more
Although the Roman woman was legally subjected to guardianship of a man, the father, the husband of a tutor (with some exceptions in the imperial age), therefore not being able to formally dispose of her patrimony freely, and was deprived of political rights, many archaeological documents give us examples of politically influential women, endowed with conspicuous land estates and owners of entrepreneurial activities also very consistent in the commercial and artisanal fields.
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The report aims to examine in what sense Roman jurists used the term nature, that is, whether they used it to qualify the components of the environment. A sample analysis of these uses shows that Roman jurists used "nature" to call... more
The report aims to examine in what sense Roman jurists used the term nature, that is, whether they used it to qualify the components of the environment. A sample analysis of these uses shows that Roman jurists used "nature" to call situations external to or prior to positive law (ius naturale, naturalis ratio), or the existence or cessation of a situation in the real world, but never to qualify the elements that make up the environment
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The report attempts to summarize the many factors which, in the course of Roman history, interacted with each other between unification and particularisms, starting from the first relations with the neighboring Latin and Etruscan states,... more
The report attempts to summarize the many factors which, in the course of Roman history, interacted with each other between unification and particularisms, starting from the first relations with the neighboring Latin and Etruscan states, on the political, religious and linguistic level, also dwelling on the contradictory pushes to legal separation and unification between the second century b. C. and I a. d., also with reference to the debated problem of the interpretation to be given to Roman imperialist expansionism.
Some observations will also be made on the reception-refusal dynamics developed in the imperial age, towards the "barbarian" peoples and the social realities of the Hellenized East, and also towards the multiform religious beliefs that the Romans encountered in their expansionist processes.
Some observations will also be made on the reception-refusal dynamics developed in the imperial age, towards the "barbarian" peoples and the social realities of the Hellenized East, and also towards the multiform religious beliefs that the Romans encountered in their expansionist processes.
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The analysis of the legal sources of the second and third centuries AD aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit... more
The analysis of the legal sources of the second and third centuries AD aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit of the discussions developed among the imperial jurists but, on the contrary, an attempt to build a special category within the res publicae, open to anyone regardless of Roman citizenship, which, however, when it was created by Marcian, would need further reflection. However, at the time, such an in-depth study was not possible due to the lack of scientific activity of the jurists after Gordian III. A close analysis of the scene of Plautus’ Rudens is also carried out, in order to attempt a correct framing of the discussion on the historical process that involved the definition of the sea as res communis omnium.
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The lessons of the Doctoral Week, 21-25 September 2020, organised by the DOctorate in Sciences of Antiquity of the Universities of Triestem Udine and Venice, are listed. My lesson, entitled "The Roman jurist in the face of epidemics:... more
The lessons of the Doctoral Week, 21-25 September 2020, organised by the DOctorate in Sciences of Antiquity of the Universities of Triestem Udine and Venice, are listed.
My lesson, entitled "The Roman jurist in the face of epidemics: Ulpian and sewage systems," is scheduled for Friday 25 September, at 16.30, on the Google Meet platform.
My lesson, entitled "The Roman jurist in the face of epidemics: Ulpian and sewage systems," is scheduled for Friday 25 September, at 16.30, on the Google Meet platform.
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Trough the analysis of the Roman jurists' thinking from the I. b. C. to the III c.e. with regard to the forms of occupation of the sea-shore, I will attempt to highlight that the Roman law has never had any environmental concern; the... more
Trough the analysis of the Roman jurists' thinking from the I. b. C. to the III c.e. with regard to the forms of occupation of the sea-shore, I will attempt to highlight that the Roman law has never had any environmental concern; the overriding interest of the Roman jurists was the preservation of the economic aspects of resource use, such as the freedom of fishing or docking vs. the freedom of occupation of portions of coast with buildings.
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The Conference aims to explain the role of piracy in classical Mediterranean Sea, and the forms of the criminal repression against it.
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Lesson of the Ph.D. in Sciences of Antiquity, Trieste, September 26, 2018, on "Fortunes and misfortunes of the Italic peoples between Etruscheria and Niebuhr".
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A brief draft of union between ecclesiastical interst on extermination of heretics and political one to repression of sedition is traced
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An analysys of P. Santini's first monograph is developed, highlighting the main issues dealt with in the book, in particular the identification of the mysterious interdict quoted in D. 47, 10, 13, 7, "Conductori autem veteres interdictum... more
An analysys of P. Santini's first monograph is developed, highlighting the main issues dealt with in the book, in particular the identification of the mysterious interdict quoted in D. 47, 10, 13, 7, "Conductori autem veteres interdictum dederunt, si forte publice hoc conduxit"
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An analysis of Sitzia's opinions about the actio aquae pluviae arcendae and the connections between natura and man's work is drawn.
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This talk outlines the constitution that Romulus would have given to Rome, according to the narratives of Livy, Dionysius of Halicarnassus and other authors. In particular, the socio-political framework of Rome's origins is outlined, with... more
This talk outlines the constitution that Romulus would have given to Rome, according to the narratives of Livy, Dionysius of Halicarnassus and other authors. In particular, the socio-political framework of Rome's origins is outlined, with a look also at criminal law and the institutions of private family law, inheritance).
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The lesson aims to offer an overview of the ways in which the law organized the integration of many different populations within a multicultural network, over which the central power, while exercising a penetrating control, allowed the... more
The lesson aims to offer an overview of the ways in which the law organized the integration of many different populations within a multicultural network, over which the central power, while exercising a penetrating control, allowed the communities to preserve their local peculiarities: allocations of military units, displacements for trade and other opportunities created a web of relationships between people of different ethnic groups, languages and customs that made the populations forget the brutality of the conquest.
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Through the analysis of some texts on the legal condition of the sea, an attempt is made to highlight how the category of res communes omnium was the culmination of a jurisprudential discussion that lasted more or less two centuries,... more
Through the analysis of some texts on the legal condition of the sea, an attempt is made to highlight how the category of res communes omnium was the culmination of a jurisprudential discussion that lasted more or less two centuries, which however should have been the starting point of a reflection that should have refined Marciano's idea. However this further elaboration did not occur due to the sudden end of the activity of jurists as autonomous legal scientists.
Research Interests:
Research Interests:
Through the analysis of some texts on the legal condition of the sea, an attempt is made to highlight how the category of res communes omnium was the culmination of a jurisprudential discussion that lasted more or less two centuries,... more
Through the analysis of some texts on the legal condition of the sea, an attempt is made to highlight how the category of res communes omnium was the culmination of a jurisprudential discussion that lasted more or less two centuries, which however should have been the starting point of a reflection that should have refined Marciano's idea. However this further elaboration did not occur due to the sudden end of the activity of jurists as autonomous legal scientists.
Research Interests:
Through an analysis of some legal texts an attempt is made to highlight the existence of intersubjective conflicts in father-child relationships and to highlight the dialectic between parenthood and slavery (the case of the usufruct of a... more
Through an analysis of some legal texts an attempt is made to highlight the existence of intersubjective conflicts in father-child relationships and to highlight the dialectic between parenthood and slavery (the case of the usufruct of a pregnant slave)
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This PhD lesson aims to show the fundamental characters of the controversy between Bartold Georg Niebuhr and Giuseppe Micali regarding Italic history prior to the Roman conquest. As is known, according to Niebuhr "Italic history is Roman... more
This PhD lesson aims to show the fundamental characters of the controversy between Bartold Georg Niebuhr and Giuseppe Micali regarding Italic history prior to the Roman conquest. As is known, according to Niebuhr "Italic history is Roman history". Micali, on the contrary, showed how the Italic peoples had had their own history before the Roman conquest. In this he was helped by his Tuscan origin (he was born in Livorno in 1768), the cradle of the Etruscans. The cultural phenomenon of the Etruscherìa, which began as early as the sixteenth century to ennoble the Medici dominion over Tuscany, had many important manifestations, starting with the discovery of the Etruscan necropolis of Volterra, but also with authentic historical falsifications, such as the Roman origin of Livorno itself. traced back to a self-styled (and totally invented) sanctuary of Ercole Labrone.
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In this lecture I will try to show some cases of legal fiction in Roman Law