Storica. 39 • anno XIII, 2007.

Testata: Storica • Anno di pubblicazione: 2009
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pp. 192, ISBN: 9788883343827
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La meglio gioventù: l'idea di generazione tra discussione scientifica ed esperienza del proprio tempo
Francesco Benigno

The meglio gioventù. The idea of generation between scientific argument and social experience
This article is an investigation of a category that hal longly influenced the social sciences as well as the historiography. It tries to make the history of the emergence and the use of the idea of generation amongst authors like Lucien Febvre, Karl Mannheim, Ortega y Gasset and Pierre Nora but is not only an exercise of history of a concept, on the mood of the Koselleck very well known Lexicon: it would be an attempt to test the euristic capacity of the generation idea, that is to say as a tool able to product scientific results. In this sense its aim is to show how this category lives not only in the scientific field but also in the public arena, not only as a rationale discourse but also in a mythic fashion. It tries to test in which sense and within which limits it is today workable.

Sexual Difference, Subjectivity and the Law in Early Modern Germany
Ulinka Rublack

Sexual Difference, Subjectivity and the Law in Early Modern Germany
This article reviews key arguments of a rich literature on gender and the control of sexuality in early modern Germany. It also asks which methodologies historians have developed to encounter subjective experiences of men and women in this period and in trial records in particular. The article introduces a methodology for «responsive reading» and argues that this can lead historians to unravel the ways in which experiences were not just inscribed by discourses, but related to embodied subjectivities and a world-view in which temperatures, for instance, were highly significant. It rejects the notion that the period before the eighteenth-century was one of greater «gender equality» and a lesser problematisation of sexuality.

La riscrittura dei diritti nel secolo XII: astrazione e finzione nelle sentenze consolari
Massimo Vallerani

Writing rights in the twelfth century: fictions and abstractions in consular sentences
Public justice in the age of the consular Commune followed a new procedure, which allowed plaintiffs to frame their case as a violation of rights. The judicial nature of social relationships became progressively abstract and separate from its factual dimension. This essay explores the cultural origins of this new procedure and argues that these can be identified in the ability of ecclesiastical bodies, throughout the early medieval period, to preserve distinctions and in the processes of abstraction that twelfth-century Roman and Canon Law made possible. The essay goes on to examine the role of the demand of justice coming to the consuls from the Church. Bishops and cathedral chapters used and imposed the new procedural ordo more than any other political actor. The consular sentences issued in favour of the archiepiscopal court of Genoa exemplify the interactions between the definition of the dispute, judicial procedure, and public institutions.

Giustizia pubblica, private vendette: riflessioni intorno alla stagione dell'infragiustizia
Giorgia Alessi

Public Justice, private Revenges. A critical Survey of «Infrajustice»
The essay is a critical survey of the marked dichotomy between public/retributive and private/negotiated justice during the early-modern period, opposition which has been theorized by eminent legal historians since the publication of Lenman and Parker’s classic study. Against such a too strong polarity G. Alessi sets a more complex relationship between the different modes of conflict settlement, relationship within compromise and retribution, settlement and law continuously interlace both in the institutional and the communitarian spheres. On the other hand, recent historical research shows that during the Ancien Règime people were well aware of the chances offered by public justice, and recurred to it and to other possible means – settlement, compromise, private mediation – within various strategies directed, from time to time, to achieve different goals: the eluding of the local powers, the intimidation of the adverse party, the acquisition of a benefit in view of a following composition. Focusing on the different justice’s practices, more than emphasizing a marked division between its various dimensions, appears to be a much more fruitful research trend.

Il labirinto delle istituzioni politiche: a proposito di un libro di Pier Paolo Portinaro: Stati e imperi d'Europa
Marco Bellabarba

The labyrinth of the political institutions. States and empires of Europe\ In a recent and stimulating book, Il labirinto delle istituzioni nella storia europea, P.P. Portinaro reconstructs the political development of Europe from the Middle Age to the present. Portinaro emphasizes the «labyrintical» nature of the european institutions European and the fact that they have always fluctuated between three models: the city-state, the empire and the state. This essay discusses the relationship between these three factors and suggests that the formation and consolidation of the nation state in XIX and XX centuries has deeply influenced our understanding of it.

Il labirinto delle istituzioni politiche : a proposito di un libro di Pier Paolo Portinaro : un Sonderweg europeo?
Marco Meriggi

The labyrinth of the political institutions. An European Sonderweg?
The article analyses the book by Pier Paolo Portinaro Il labirinto delle istituzioni nella storia europea. The first part is a discussion of Portinaro’s theses on the features of the European institutional culture from the antiquity up to the present time. In the second part the author underlines the importance of reshaping the traditional western interpretation of the extra-European political institutions, in order to develop a more fruitful approach to the globalization’s problems.