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13 July 2022

JOURNAL: Special Issue Image et Droit. Les manuscrits juridiques enluminés (eds. Maria Alessandra BILOTTA & Serge DAUCHY) (Clio@Thémis. Revue électronique d'histoire du droit) 21 (2021) (OPEN ACCESS)

 

(image source: Clio@thémis)

Image et Droit. Les manuscrits juridiques enluminés (Martie Alessandra Bilotta & Serge Dauchy)

Illuminated English Law Books (Anthony Musson)

Abstract:

Illuminated books of the English legal tradition follow distinct iconographic patterns depending on the nature of the legal material included. The article explores correlations and dissonance between image and text as well as the symbolism associated with the imagery (in both initials and the margins) and its connection to political, legal and social discourses. It evaluates what the images reveal about key concepts of medieval law and justice, including kingship and good governance, the role of parliament and the church in endorsing these, as well as how these aspects might be undermined (or paradoxically confirmed) by medieval society’s penchant for role reversal, transgression and misrule.

Per gli esordi della decorazione del Digesto in epoca medievale : le iniziali miniate del ms. 941 della Biblioteca Universitaria di Padova (Gianluca del Monaco)

Abstract:

The Digestum vetus 941 of the Biblioteca Universitaria di Padova, dating back to the first half of the twelfth century, is well known to the studies among the witnesses of the earliest manuscript tradition of the work. However, the fine penwork initials adorning the manuscript have not been equally investigated, except for a few recent insights. The article explores the uncommon iconographies of some initials and analyses the style of the miniatures, advancing possible connections with the contemporary book illumination close to the milieu of Matilda of Canossa.

L’acquisizione del dominio tramite occupazione. Il rapporto testo-immagine nelle illustrazioni del libro 41, tit. 1 del Digesto e del libro 2, tit. 1 delle Istituzioni di Giustiniano nei manoscritti della BnF (xiii-xiv secolo) (Viviana Persi)

Abstract:

In this paper, I will analyse the legal aspect of the miniatures that illustrate book 41.1 of the Digest and the second book of Justinian's Institutions as a group of manuscripts dating from the thirteenth and fourteenth century and currently kept in the Bibliothèque nationale de France. These two Books are closely related to each other and present similar iconographies : the acquisition of ownership “naturali ratione” through the occupation of the res nullius, where wildlife and aquatic fauna – ferae bestiae, volucres et pisces – constituted an important example of res nullius in Roman and Justinian law. Hunting and fishing determined the acquisition of these assets and it is precisely these activities that illustrate books 41.1 of the Digest and 2.1 of the Institutions. Naturally, these activities have undergone changes over time, both of a technical and normative nature. I will try to show how these images depict, reflect and clarify the changes in the acquisition of the res nullius.

El poder a través de la imagen. La representación de los reyes de la Corona de Aragón en el Libro de privilegios de la villa de Alzira (Valencia) c. 1380-1391 (Nuria Ramón-Marqués)

Abstract:

This study intends to delve into the use of the image that the monarchy will use in the Kingdom of Valencia as an enhancing element of the accompanying text. For this, after the bibliographic review, a detailed analysis of the miniatures that appear in the Book of Privileges of the city of Alzira is carried out, considering it as the first manuscript made in a Valencian miniature workshop. From the study of artistic techniques and procedures, we will formulate stylistic connections that allow us to see the intervention of various illuminators working in Valencia in this period.

La imagen regia como símbolo legitimador: el Libro de los Privilegios de Toledo y la miniatura castellana a principios del siglo xiv (Jaime Moraleda Moraleda)

Abstract:

The illuminated decoration of the Hispanic medieval codex allows the study of the connection between materiality and use. The rich production during the alfonsí period in Castile maintained the characteristics of the French tradition from the end of the 13th century, without forgetting the aesthetic permeability from other variants of Italian influence. The Book of Privileges of Toledo, from the early 14th century, as a compilation legal document, collects the royal image represented in its vignettes and confirms the importance of royal iconography as a legitimizing symbol, an essential value in the origin of the codex.

Justice in the miniatures of Brunetto Latini's art of rhetoric: Columbia Library, Plimpton MS 281 (Tina Montenegro)

Abstract:

This article presents the miniatures in the art of rhetoric of a fifteenth-century French manuscript, Plimpton MS 281 (Columbia University, Rare Book and Manuscript Library). The text is Brunetto Latini’s Tresor, a thirteenth-century compilation written in Old French on the art of government. The iconography of Plimpton MS 281 seems to be new with regard to the art of rhetoric and to be intended for a legal milieu. By studying the images from the point of view of the history of the text, the aim is to understand what might have caused a change in the iconography of the art of rhetoric.

Les manuscrits juridiques bolonais parmi les transferts artistiques au Trecento : de l’iconographie des ermites de saint Augustin au Bon gouvernement d’Ambrogio Lorenzetti (Bertrand Cosnet)

Abstract:

The challenge of this contribution is to identify the role played by the legal manuscripts illuminated in 14th century Italian art. The decorative programmes of these manuscripts, too often underestimated, are doubly interesting because they allow, on the one hand, to identify the dynamics of the processes of circulation and iconographic transfer, particularly fertile in Trecento, and, on the other hand, to reconstruct the richness of the visual culture of Italian lawyers in the 14th century. The article focuses mainly on the iconography of virtues, which experienced considerable growth in the 14th century in the context of communal regimes and mendicant orders, of which several legal manuscripts provide decisive clues to the process of invention and circulation. Particular attention is paid to three manuscripts produced in Bologna, namely the Digestum vetus preserved at the Bibliothèque nationale de France in Paris (Ms. Lat. 14339), the Novella sive commentarius in decretales epistolas Gregorii IX located at the Biblioteca Ambrosiana in Milan (Ms. B 42 inf), and the Digestum novum preserved at the Biblioteca Nacional de España in Madrid (Ms. M 197).

Un manoscritto giuridico miniato tra la Badia Fiorentina ed il Portogallo del xv secolo: il codice Conventi Soppressi A 4 2554 della Biblioteca Nazionale Centrale di Firenze  (Sofia Orsino)

Abstract:

A fifteenth-century Latin manuscript, kept at the Biblioteca Nazionale Centrale in Florence and coming from the Benedictine monastery of Santa Maria (also known as Badia Fiorentina), contains the Repertorium iuris by Giovanni Nicola de Milis and seems to be the result of influences and contacts between Italy and Portugal. This article questions the enigmatic relationship between text and decoration; also, on the basis of an analysis of the illumination, combined with a codicological and palaeographical study, it reconstructs the context of production and the arrival of the codex in the Florentine monastery.

Varia

Foreign Law Without Borders in the Early Vast America. Spanish Legal Literature in 19th Century North America (Angela Ballone)

Abstract:

By studying some case studies, this article shows how the works of some Spanish jurists from the 17th and 18th centuries were used in the 19th century, both in Britain and also overseas in the British Atlantic (from Washington to California, passing through Florida), to solve judicial conflicts about land and exploitation. The reader will see to what extent some unexpected sources of law were intertwined into the daily practice of North American courts. Such entanglements are at the very heart of the comparative analysis of the field of legal history.

Read the full issue here

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