This contribution explores the role of local customs in the formation of the 1363 municipal Statute of Rome, a crucial text in the history of medieval Roman municipal law, long negled by legal historiography. Through the analysis of documentary and doctrinal sources, the essay highlights how Roman customs, particularly those relating to civil law, were integrated mainly in Book I of the Statute and examines the relationship between the enactment and the subsequent disappearance of the written collection of those customs, suggesting a causal relationship. Finally, the essay proposes an original reconstruction of the normative stratification of medieval Roman municipal law, addressing the debated question of the existence of an “ancient Statute”.
Statuti e consuetudini locali. Il caso del diritto municipale romano
Sandro Notari
2025
Abstract
This contribution explores the role of local customs in the formation of the 1363 municipal Statute of Rome, a crucial text in the history of medieval Roman municipal law, long negled by legal historiography. Through the analysis of documentary and doctrinal sources, the essay highlights how Roman customs, particularly those relating to civil law, were integrated mainly in Book I of the Statute and examines the relationship between the enactment and the subsequent disappearance of the written collection of those customs, suggesting a causal relationship. Finally, the essay proposes an original reconstruction of the normative stratification of medieval Roman municipal law, addressing the debated question of the existence of an “ancient Statute”.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
