Le regulae juris e la ricostruzione del diritto per principi: il paradigma canonistico del Tractatus de regulis juris (1733) di A. Reiffenstuel

The work is divided into two parts. The first one, that introduces to the second part, aims at investigating the nature of regulae juris, used as mean of generalisation by the medieval jurists. This part is divided into three chapters. In the first chapter one studies how the terminology came out in the documents concerning Roman law. In the meantime, it’s made clear the terminology corresponds to a different conceptualization from the medievals': whereas for the first ones, the regula is the decision made for the specific cases, for the second ones it corresponds to a general principle. In the second chapter we study the literary genre in the Middle Ages, taking advantage of the most important authorities, that stressed their attention especially on two points: - the regulae juris can be extended to other cases, - the mean of the exceptions. The framing of the authorities was made almost by civil lawyers while canon lawyers adopted the civil lawyers' categories, especially with the figure of Dino Mugellano. In the third chapter we study the evolution of the jurists' s thought in the modern area, before the process of codification began. The regula became synonym of rule of law. The second part is consisted on the copy and the translation of the Tractatus de regulis juris edited by Anaclet Reiffenstuel in 1733