Lesson 13 -- 2024-11-08

Curia di Petizion: how to complete the legal system without recourse to Roman (imperial) law. New cases not included in the capitulars of the other Curie are solved by Petizion per iustitiam, laudum et arbitrium: whatever solution (arbitrium) is deliberated by vote of majority by the judges (laudum) is the right one for the case (iustitiam). Venetian magistrates, elected for short terms of office, hold all three powers of government and therefore have power to legiferate for the unruled cases. Comparison with the use of Roman law as integration to particular legal systems outside the Venetian State. The Venetian concept of secular equity as balance of private and public interests. The Venetian meaning of arbitrium in comparison with the arbitrium of professional, nominated judges in the great tribunals of modern States. Uninterest of the Venetians toward legal theory: Ratio de lege Romana and Iudicia a probis iudicibus promulgata.