Transfughi e fuoriusciti nei De iure belli libri tres di Alberico Gentili (1598)

Abstract

The reflection led by Alberico Gentili on the issue of transfuga in his masterpiece De iure belli libri tres testifies to the long-standing vitality of the Bartolian tradition, notably concerning the issue of the fuoriusciti. We can thus find Bartolian doctrine in identification within transfugae and hostes, as well as in the structure of Gentili’s thoughts on exiles in the proper sense of the term. The latter received its decisive orientation from Bartolo, either directly or – and perhaps even more so – through the intermediary of the Bartolian tradition; from Baldo to Alciato and to Bodin. Gentili took his doctine from Bartolo in terms of the legal capacity of the exiled person, extradition and even the legal condition of the fuoriusciti. In other words, and to quote Francesco Calasso, he borrowed a “decisive moment in ‘mental education’ for the modern jurist” from Bartolo and his tradition.