Skip to main content
Contribution to Book
Civilian treatises on presumptions, 1580-1620
Giuliani, 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)
  • Adolfo G Giuliani
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.
Publication Date
R. Helmholz (ed.)
Duncker & Humblot
Comparative Studies in Continental & Anglo-American Legal History,
SBN-13: 978-3428131242
Citation Information
Adolfo 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