Chapter Tra libertà e sottomissione. La contrattualità del lavoro e l’antropologia giuridica trecentesca
Abstract
The contribution analyzes the legal nature of work in medieval legal thought. The starting point is the phenomenon of the liberation of the rural masses. The great juridical question of the worker's freedom is created in a contract which provides for the acceptance of the employer's direction. A question first thematized by the Bolognese school of glossators, starting with Irnerio, and then perfected by the commentators. Freedom of the worker and social subjection of the worker are the profiles that assert themselves during the fourteenth century and remain as a contradiction of the liberal juridical order.
Keywords
Subordinate labour; independent labour; labour freedom; glossators; commentatorsDOI
10.36253/979-12-215-0319-7.41ISBN
9791221503197, 9791221503197Publisher
Firenze University PressPublisher website
https://www.fupress.com/Publication date and place
Florence, 2024Series
Studi e saggi, 257Classification
General and world history