The transformation of judiciary proceedings: The commerce consulate of Turin in the 18th century

Authors
Citation
S. Cerutti, The transformation of judiciary proceedings: The commerce consulate of Turin in the 18th century, QUAD STOR, 34(2), 1999, pp. 413-445
Citations number
92
Categorie Soggetti
History
Journal title
Quaderni storici (Testo stampato)
ISSN journal
03016307 → ACNP
Volume
34
Issue
2
Year of publication
1999
Pages
413 - 445
Database
ISI
SICI code
0301-6307(199908)34:2<413:TTOJPT>2.0.ZU;2-A
Abstract
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."