Differences in the legal regime applied to women in criminal matters during the late medieval period, between roman and longobard law, according to the contrarietates of Andrea Bonello

Abstract

One of the works falsely attributed to Bartolo da Sassoferrato, the author being Andrea Bonello da Baretta, is entitled Contrarietates iuris civilis romanorum et iuris longobardorum. This booklet is part of the late medieval legal literature in the genre entitled differentiae, although most of these writings present the contradictions between Roman and Canon Law, in order to illustrate the activity of the lawyers in the forum. In this article we present the main divergences presented by this medieval jurist in relation to the penal rules applied to women in both legal systems. This allows us to see the evolution of Roman law before Justinian, which was not the object of the Reception, and the presence of the law of the Corpus Iuris Civilis in the regulations of one of the invading barbarian peoples, who accepted and applied some of its provisions.