Magistratura e politica nell’età della codificazione

Abstract

The article investigates the bond of loyalty committing the judges to the sovereign in the Kingdom of the Two Sicilies. The transition from a common law system to a codified law system –which develops between the 18th and the 19th century– redefines both the status of the judge, who was until then not only in charge for juridical functions but also for military and administrative tasks, and the pact by which the judges were bound to the sovereign. The research sets off from this transition to analyze the evolution of the concept of “administrative loyalty”, which used to hint, in the Ancien Régime, to the familiar affiliation with the body of the royal services: what is left of the traditional loyalty of judges after the loss of military functions? What type of relationship is established between justice and administration? How many status prerogatives continue to exist in this new juridical system? This issue is addressed in the light of the first relevant episode of disloyalty of the magistracy during the 1820 revolution, showing the persistence of the influence of family traditions in the judges’ education.