GARANTISMO E TORTURA. Intorno alle dinamiche della cultura d’Antico Regime

Marco Cavina

Abstract


Guarantism and torture. Cultural dynamics during the Ancient
Regime

The paper investigates the question of torture within the
perspective of the history of Law, focusing on the development
of that practice from the late Middle Ages to the Ancient
Régime. Through the study of the techniques of common law
and the resolution practices of the current social confl icts,
the essay underlines how a historically-based study of torture
must not underestimate that the functioning of justice
in the late Middle Ages and in Modernity was characterized
by a plurality of paradigms for resolving confl icts, not only in
courts of Law, but within the so called ceremonial justice. The
historical perspective should also consider the fact that in the
past a lack of a suffi ciently organized repressive system led to
a wide political use of the penalty ad deterrendum.


Keywords


Middle Ages; Ancient Régime; History of Law; Torture; Common Law.

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ISSN: 2465-0315

Registration with Court of Naples n. 24, dated 21.04.2015