Thirtheen years after its publication in Italian, the presentation of this
book to an English-speaking readership provides an opportunity for some
new reflections and the presentation of further information in order to
bring it up to date. The book introduces the reader to the various legal
systems of the middle ages, and at the same time explains the individual
complexities of these systems. In doing so, it aims to facilitate individual
research into specific issues. It does not, however, consider in detail the
various juridical institutions. Apart from a few digressions, neither does it
deal with the private and public law of the time, even in the context of the
most important and delicate matters. However, careful reading of the
book should make the ancient texts more easily accessible to the reader. In
effect, the book offers a compass by which to navigate the subject-matter.
One needs to take special care when addressing what is written in the
sources. It is always tempting to believe that a problem exists if and when
such a problem appears to be revealed through the laws or by jurists. It is
also all too easy to believe that no problem exists if no reference is made to
it. As is the case in the field of theology, juridical doctrine has traditionally
been extremely sensitive to contemporary problems. However, it is also
the product of a series of specialized wisdoms, based on particular sources
and governed by internal rules that influenced discussion, and were consequently
able to shape doctrine according to abstract notions. On the
ground, though, the realities were often somewhat different, or engaged in
addressing certain issues earlier or to a greater extent than it would appear
if one focuses on those matters that dominate university discussions.1
This is often the case even today, despite the fact that we are now governed
by sources of knowledge that are less rigid than those of the past.