Pinna, Attilio (2013) Dal diritto consuetudinario al diritto scritto nel mediterraneo occidentale: il caso della Sardegna. Doctoral Thesis.
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This work is divided into three parts which deal with: the different Western Europe legal order structures in the late Middle Ages, the reality of the Giudicati, the Aragonese period and the influence that it had on Sardinia.
The first part starts with an introduction about the concepts of law, State and sovereignty in the medieval period in order to come to the XII century revival of cities. It arose a situation in which there was law without State, especially because the latter was nothing but one of the various legal orders that appeared during the course of the human history.
As regards the period of the Giudicati, this work focuses above all on the origin of the Giudicati, their form of government as well as their internal management. For example, it emerged that the ruler (Giudice) of a Giudicato took office through a mixed hereditary voting system of the ruler’s family to be identified among the four Giudicati, in the Lacon and Lacon-Gunali’s families. Moreover, the ruler (Giudice) was in charge of the army, dealt out justice, appointed and legitimized local governors; the Giudice also had the power of dealing out taxes and public property (rennu) according to the legal habit of the time.
In conclusion, with reference to the Aragonese period, the role that the Parliament of Peter IV of Aragon and that one of Alfonso il Magnanimo had in Sardinia, as well as the Parliaments of the viceroys Dusay and Rebolledo, had been tackled. Furthermore, the often harsh legal-dialectic tension which derived from the claims of these institutions towards the Aragonese ruler was pointed out.
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