Un conflit des interprétations ? Vérité judiciaire et expertise médicale (xiiie-xive siècles)

Abstract

The development of the inquiry procedure from the 12th century onwards led to an explosion of forensic expertise. In this context, medical expertise played an eminent role, underlined by numerous theoretical and practical sources, relatively little studied by non-Italian legal historians. This paper sets out to briefly present this corpus, to place medical expertise in its regulatory context and mainly to show how the diagnosis of physicians was linked to a network of legal presumptions discussed by the jurists of learned law.

Keywords

• expertise médicale
• présomption légale
• autorité de la chose jugée
• droit savant
• statuts municipaux