Suchergebnisse

Belligerent Occupation — Nature and Effects of — Continuance of Sovereignty of Occupied State.Belligerent Occupation — Administrative Functions of Occupant — Limits of Powers of Occupant — Respect for Laws in Force in Occupied Territory — Legality of Order Cancelling Contract Entered into between Inhabitants of Occupied Territory — Duty of Occupant to Enquire into Legality of Order — Relevance of Article 43 of Hague Regulations of 1907.

Investigation of Florentine legislation concerning the practice of usury in the fourteenth century leads the researcher to the conclusion that a general theory cannot be constructed unless more facts are made known. It is to be hoped that an exposition of factual data will lead to an inquiry into those "shades and nuances" of meaning that are symptomatic of historical change. I do not believe that the present state of knowledge on this problem allows more than a descriptive historical approach, followed by a suggestion of possible levels of understanding and strategies of further inquiry. There are many reasons for taking this position. First, the documents available to the researcher are less than adequate for the formulation of a general theory. To cite only one instance, the judicial records of the period before 1343 were burned in the revolution of that year. Second, case histories of those individuals cited by the court or the councils as usurers have not been written. Finally, the Consulte, which contain the opinions of the advisory councils of the Priorate, do not aid the researcher in understanding the motives that animated the passage of legislation. With these limitations firmly in mind, I should like to present certain facts that I suspect can be understood only dimly within die framework of our present knowledge of Florentine life in the Trecento. One further disclaimer must be made: this paper does not purport to consider the state of juridical consciousness nor the legalistic matrix that provided the framework in which the events narrated took place.