This article reviews the innovative process that took place in the field of
law around 1730-1740, when summary proceedings were substituted by regular
judicial proceedings in the Commerce Consulate of Turin. The article analy
zes the characteristics of summary proceedings (rapidity, reduction of cost
s, prohibition of lawyers) and its probatory system, as well as the doctrin
al sources that legitimated it at that time. The analysis sheds light on th
e decisive role that was assigned by this type of proceeding to the protago
nists of the trial.
Then, the article takes a look at the transformations undergone by the cour
t of justice and the affirmation of regular judicial proceedings controlled
by lawyers. Despite evolutionist interpretations, this analysis shows how
this transformation was the result of the strategy of law professionals who
strove to affirm their indispensability in court houses. Their strategy re
garded an aspect that only appears to be marginal, that regarding the proce
dure for attaining such rights. In reality, this "small episode about money
" had enormous consequences. It made experience illegitimate as a source of
justice and lead to a far-reaching change in the very notion of "judiciary
proceedings."