La Casa di correzione e lo scontro intorno alla giustizia di polizia nella seconda metà del Settecento

Abstract

The essay tries to analyze the position taken by the Tuscan lawyers about the development and growth of the use of potestas oeconomica in the Grand Duchy of Tuscany under Peter Leopold. In the sovereign’s goals there was a diverse set of facts that not always constituted a crime. These facts were rather characterized by an evaluation of immorality or social harmfulness, but were pursued through hasty procedures, not in accordance to the rules of Ancien régime’s inquisitorial justice. The criticism of this phenomenon, supported by men like Giuseppe Giusti and Jacopo Maria Paoletti, shared lawyers of the traditional criminal school, but open to a moderate reformism (as Jacopo Biondi), and figures closer to a liberal Enlightenment, as Francesco Maria Gianni. A synthesis of the different positions will be offered in the following century by Giovanni Carmignani.