Faida e vendetta tra consuetudini e riti processuali nell'Europa medievale e moderna. Un approccio antropologico-giuridico

The paper deals with the relationships between judicial practices and the feud, which acquires interesting relevance both in customary systems and in systems governed by the legal process. First is described the crucial transition from customary practices mainly handled by the community (prevailing in the early medieval age) to practices managed by professionals (lawyers) and the procedures successively worked out by them. Feuding is examined along with the researches conducted on single European areas and for different historical periods, especially for the early Middle Ages, the Middle Ages, the Modern Age, considering the various disciplines used. In reality, while focusing on the relationship between the spread of violence and the need for peace, the discussion on the subject of feud in Europe paid little attention to the role played by the spread of Roman canonical procedures and the mediation carried out by lawyers, both in their tracts and their judiciary practice, in order to introduce a new social order. In the early modern period, the intense dynamics of social violence and the decisive interventions of state powers increased along with the use of new trial procedures. These transformations were relevant and even decisive, especially after the introduction of strict inquisitorial rites, which subtracted from the privileged classes the independent resolution of conflicts and the traditional management of procedural practices.