The idea of presumption in the late-sixteenth century. A study of Jacopo Menochio’s De praesumptionibus (1587)
What is a presumption, and why was this argumentative form so current in the period from the late 16th c. to the early codifications?
Beginning from a text-based inquiry on Jacopo Menochio’s treatise De praesumptionibus (1587) and a constellation of similar works published at that time, this research seeks an answer (i) in the rationalisation of judicial practices that demanded verifiable and logically appropriate patters of reasoning in deciding upon facts; and (ii) in the growing need for normative statements expressed in an impersonal presumptive form.
Methodologically, this study attempts to bring to unity the multidisciplinary thinking of early-modern jurists in the cusp of law, moral theology, rhetoric and natural philosophy. This is the ambitious attempt is to explain the methodological evolution that connected the fluid legal systems of the ius commune to early 18th-century codifications.
Chapter 1500-1650, in: Western Legal Traditions (series Ius Commune Casebooks, Oxford, Hart Publishing), project directors R. Van Rhee, S. Masferrer and S. Donlan, Other contributors: J.L. Halperin, J. Vanderlinden, D. Heirbaut, O. Morétau and others.
Hermann Kantorowicz as a philosopher of language. A research on Kantorowicz’ Definition of law (1939)
Ius commune europaeum and the crisis of legal science, 1930-60
What a legal historian can learn from the neo-Thomist revival of John Poinstot’s Tractatus de Signis (1632-34)
What is information? Answer: non-testimonial knowledge