Autonomy of the Commune and origin of its own written law (Piacenza, mid 12th century)

Abstract

Research on the genesis of the Italian communes and their own law in the twelfth century should be developed with respect to local situations, without teleologically reconstructing the events and directing attention to the first manifestations of the autonomy of the cities. The statutes of 1135 and those of 1144 are normative acts of the Commune of Piacenza, enacted by the general assembly of members and by the consuls together with an enlarged council. They were drafted by the iudices of Piacenza, who outlined applications of Lombard law and moved confidently with respect to the first recovery of the Roman-Justinian tradition. They were not conceived in the exclusive interest of the hegemonic social groups, but were also concerned with protecting what must have been a small multitude of cultivators (and perhaps artisans), in order to find a balance capable of reconciling the different needs. The community that gave life to the Commune of Piacenza manifested its political autonomy by dictating, in order to resolve social tensions and legal controversies, its own written law with a new content. It did not ask for the law to supra-ordained subjects (the Church, the imperial power) nor to the tradition of uses and customs (customary law), but it did it in an original way, thus also achieving the objective of establishing itself as a legitimate political subject. This historical and juridical process was also the result of chance, but above all of a precise political will and a well-formed juridical culture.