Fra <em>lex</em> e <em>pugna</em>: il placito di Garfagnolo (1098)

• Main Author: Francesca Santoni
• Format: Article
• Language: Italian
• Published: Firenze University Press 2013-01-01
• Series: Scrineum Rivista
• Subjects: diplomatics; medieval law
• Online Access: https://oajournals.fupress.net/index.php/scrineum/article/view/8758

Considering once again a text like the well known and often studied ‘placito di Garfagnolo’ may allow us to focus on some mosaic tesserae, but even so the layout of this mosaic is still enigmatic. In a dialectic pattern between German law (normation by palatine Capitularia as well as juridical tradition, custom and rites) and Roman law (transmitted through the cultural mediation of the Church, but also rediscovered and reconsidered in the last decades of XI century), between solemn oaths and judiciary duels on one hand, and allegations of written law as well as royal and imperial documents on the other hand, we discover falsified documents produced in trial as evidences of proof, written by a well-read, highly capable scribe, still unknown to us, most certainly connected with Reggio Emilia’s bishopric.