From a legal point of view, the last century of the history of the Papal States is an important example for a renewed reading of the Restoration as an originary period. The years 1846-1849 were particulary marked by strong reformist impetus in the government and in the administration of criminal justice. Absolute protagonists of the attempts of European modernization were, especially, the bearers of the legal culture of the State. In the Universities, the Faculties of Law do not represent any more the glorious past, but very often professors of law are lawyers and judges as well. All these roles, they express a lay culture connected with the European culture and for this reason they are able to face the ecclesiastical power. In those years, the Papal States are a backward country, socially and economically. The clergyman occupied the key position of the State and their privileges atrophy the reformation debate wich was continually influenced by the most reactionary members of the Roman Curia. The jurist, however, take actively part in the legislative reform efforts (both institutional and criminal). The juridical culture introduces ideas of moderate government in the traditional power structures and garantees in the administration of justice. The reformist attempts failed, but they marked the important presence of a different ruling elite that looked towards the future, even if the Risorgimento historiography for a long time made many believe the contrary.

The Role of Papal Jurists: Ties and Conflicts between Traditional Structures of Ecclesiastical Power and European Juridical Culture in the 19th Century

CONTIGIANI, Ninfa
2011

Abstract

From a legal point of view, the last century of the history of the Papal States is an important example for a renewed reading of the Restoration as an originary period. The years 1846-1849 were particulary marked by strong reformist impetus in the government and in the administration of criminal justice. Absolute protagonists of the attempts of European modernization were, especially, the bearers of the legal culture of the State. In the Universities, the Faculties of Law do not represent any more the glorious past, but very often professors of law are lawyers and judges as well. All these roles, they express a lay culture connected with the European culture and for this reason they are able to face the ecclesiastical power. In those years, the Papal States are a backward country, socially and economically. The clergyman occupied the key position of the State and their privileges atrophy the reformation debate wich was continually influenced by the most reactionary members of the Roman Curia. The jurist, however, take actively part in the legislative reform efforts (both institutional and criminal). The juridical culture introduces ideas of moderate government in the traditional power structures and garantees in the administration of justice. The reformist attempts failed, but they marked the important presence of a different ruling elite that looked towards the future, even if the Risorgimento historiography for a long time made many believe the contrary.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11393/45253
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