Contribution to Book
Civilian treatises on presumptions, 1580-1620Giuliani, A. “Civilian treatises on presumptions, 1580-1620,” in The Law of Presumptions: Essays in Comparative Legal History (Duncker & Humblot, Berlin, 2009), pp. 21-71 (2009)
This essay argues that some practice-oriented works published at the turn between 16th and 17th century sometimes had a place in the formation of high-level legal theory.
Focusing on some major treatises on presumptions, the aims is to show that they were the carriers of a new vision of judicial procedure, which has come to be embodied in a number of fundamental ideas, such as (i) the separation between law and fact, (ii) the judge’s subjection to principles of reasoning, and (iii) the centrality of will as an autonomous source of contractual obligation.
The aim of this essay is to sketch the contribution made by such treatises to the genesis of those three ideas.
EditorR. Helmholz (ed.)
PublisherDuncker & Humblot
SeriesComparative Studies in Continental & Anglo-American Legal History,
Citation InformationAdolfo Giuliani, "Civilian treatises on presumptions, 1580-1620," in R.H. Helmholz (ed), The Law of Presumptions: Essays in Comparative Legal History (Berlin: Duncker & Humblot, 2009), pp. 21-71