Italian Legal Achievements
By Matthew V. Grieco
Every schoolchild learns that one of the great achievements of ancient Rome was her well-developed body of laws, sophisticated legal system, and grand basilicas, in which law was practiced. It would be a fair comment to say that Cicero (109-43 B.C.) is the most famous lawyer in history. At the direction of the Emperor Justinian (reigned 527-565 A.D.), legal scholars produced the Corpus Juris Civilis, a work composed of three parts: (1) the Codex, a collection of decrees; (2) the Digest (also known as the Pandects), a collection of juristic decisions and other authoritative writings; and (3) the Institutes, a textbook for students. In only a few years, Justinian’s commission read thousands of texts, that had been issued over the course of centuries, and selected, edited, and arranged the laws into a compilation that eliminated inconsistencies and reflected the best and most modern rules. That masterpiece formed the basis of the civil and penal codes in effect today throughout most of Europe and a great part of the rest of the world; many of our own legal precepts are directly traceable to the Corpus Juris Civilis.
Less well known than the Ancient Romans’ legal accomplishments are a number of quite remarkable law innovations that later occurred throughout the Italian peninsula (before the country of Italy came into existence).
Although several ancient civilizations (including Rome) promulgated discrete laws relating to the sea, the first comprehensive maritime code was enacted in 1000 A.D. by Amalfi, one of the great maritime-trading republics, which competed with Venice, Genoa, and Pisa from 839-1131, until absorbed by neighboring Naples. Today, Amalfi is a sought after resort destination. Relatedly, in 1302 an Amalfitan invented the mariner’s or dry compass, a freely pivoting needle enclosed within a glass covered case, far more accurate and useful than the previous compasses that consisted of pointers floating in a bowl of water; the Amalfitan compass would later help Columbus reach the New World. In the year 1200, Pisa instituted the first Admiralty courts.
The first known patent (the word derives from the Latin “literae patentes” or open letters, i.e. to be read by all) was granted by Florence in 1421 to Filippo Brunelleschi for a barge with hoisting gear to transport marble and other goods along the tricky Arno River. The text of the patent recited that the three-year exclusive rights granted for the design would reward not only the inventor, but also the country and all people; any infringing barges would be burned. Shortly thereafter, in 1474, Venice enacted the first patent statutes, which also set up a system for registering and enforcing patents.
Continuing in the forefront of intellectual property, Venice enacted the first laws on copyright in 1545; for the first time, the author’s right of ownership and control was recognized.
Let us take this opportunity to also reflect on a highly influential, yet little credited, man of the law, Gaetano Filangieri (1753-1788). That Neapolitan’s magnum opus, The Science of Legislation (La Scienza Della Legislazione) was the first to present a complete system of law as a clear and orderly science.
Among the earliest readers was Benjamin Franklin, who requested multiple copies as each volume was published. Through Franklin, many of Filangieri’s ideas were communicated to the drafters of the U.S. Constitution and the early Constitutions of several States. For his part, Filangieri predicted that America would succeed in gaining independence and one day would overshadow Europe, due to her freedom, self-confidence, youthful spirit, enterprising commerce, growing population, resources, and protective vast oceans. Following the Revolution, Filangieri placed a great responsibility on the new nation: “Free citizens of independent America, you are too virtuous and too enlightened not to know that by winning the right to govern yourselves, you have contracted in the eyes of the universe the sacred duty of being wiser, more moderate, and happier than all other peoples.”
Many of Filangieri’s ideas, though novel at the time, have become widely accepted, such as a criminal code based on reason, with clear and precise laws, with a just proportion between crimes and punishments, and without cruelty; open accusations and trials, the right to counsel for defendants, and trial by jury of one’s peers; a compulsory and free public education; freedom of the press to uncover errors and protect the people from despotism; and humane working conditions and decent wages.
He dedicated a great portion of his work to economic issues, which are still being debated today. He opposed restrictions on free trade, other than certain commercial regulations necessary to avoid anarchy, such as laws on bankruptcy and fraud, and standardization of navigation, money, and weights and measures. He advocated a flat tax, albeit on land rather than income, to reduce the cost of collection, establish precise rates that leave little room for controversy or abuse, and not overburden taxpayers, particularly the poor. While taxes are necessary to allow the government to function domestically and defend the country from outsiders, taxation should never oppress the people and should be restricted to the government’s actual needs, which should also be curtailed. He qualified the last point with the suggestion that governments maintain a reserve fund, to deal with unexpected large expenses, such as natural disasters or sudden war. In addition, he opposed national debts, on the ground that interest payments were a drain on the economy and could balloon.
We mentioned the American Constitution earlier, so should also take note of William Paca (1740-1799), a signer of the Declaration of Independence who was of Italian descent. He entered Philadelphia College at the age of 15, and studied law at Annapolis and the Inner Temple in England. He was instrumental in protesting the 1765 Stamp Act and forming the Sons of Liberty. He was elected governor of Maryland and appointed as a federal district judge.