Letter from Logu

Article

January 24, 2022

The Carta de Logu is a collection of laws in Sardinian language intended for Sardinian Giudicati. The most notable and famous was that of the Giudicato of Arborea which was promulgated, in its first version, by Mariano IV of Arborea, then updated and expanded by his sons Ugone III and Eleonora towards the end in the fourteenth century, and remained in force. until it was replaced by the Feliciano Code in 1827. It was written in vulgar Sardinian, in particular in the arborense variant of the Sardinian language, so that everyone could fully understand it.

Assumptions, documents and history

In addition to the Carta de Logu of the Giudicato of Arborea, there are hypotheses on the existence of other Charters, in force until the early years of the Aragonese domination; in particular a Carta de Logu of the Giudicato of Cagliari, identifiable in the Brief Vicarii Regni Kallari, which was probably a product of the Pisan legislation, and a Carta de Logu of the Giudicato of Gallura. There are generally indirect traces of the papers preceding the Aragonese period, however there are some fragments written in the Italian vernacular presumably belonging to the Carta cagliaritana, which had been sent to Alfonso IV of Aragon. In February 1355 Peter IV of Aragon gathered the first Sardinian parliament in Cagliari and on that occasion some constitutions were issued, where there are precise references to the "Carta de Logu cagliaritana" which in Catalan documents is called carta de loch. Eleonora d'Arborea had promulgated the Carta de Logu for the territory of the Giudicato of Arborea, in a period of time between 1389 and 1392 (traditionally April 14, 1392, Easter day), as an updated and expanded version of the Charter issued. previously by his father Mariano IV (1317-1375) and already revisited by his brother Ugone III (1337-1383). In 1421, in the seat of parliament in Cagliari, Alfonso the Magnanimous confirmed the Charter of Eleonora and extended the jurisdiction in which it was applied to the whole island.

The contents of the Carta de Logu promulgated by Eleonora

The Carta de Logu promulgated by Eleonora was intended for the territory of her small kingdom, aimed at organically regulating certain sectors of civil life. It constituted a first substantial scheme of the legal system, however the work is of considerable importance for the law in general. The Charter includes civil and criminal code norms, as well as some norms that could constitute a sort of rural code, hence an articulation that has moved more than one jurist to frame it, given its interdisciplinary nature and the mention of concepts of general value, in the study of constitutional law. The need for codification, which has always been felt to overcome situations governed in an unclear and complex way, such as to make the implementation of the law and the administration of justice extremely difficult and sometimes arbitrary, came locally from the previous legislation in use in Sardinia. first centuries of the millennium, mostly made up of episodic edictal regulations and, as elsewhere, largely conditioned by the prevalence of uses. In reality there is little documentary evidence of the previous situation, while much of what is known today has been deduced from the analysis of mostly contractual documents (such as the Condaghi). The Charter is therefore also an excellent basis of analysis for the historical, ethnological and linguistic study of Sardinia in the Middle Ages. The Carta de Logu, in some modern interpretations, would mark an important stage towards the implementation of a "rule of law", that is, a state in which everyone is required to observe and respect legal rules by developing the concept of advertising , or perhaps, better, of the knowledge of the law: thanks to the charter, in fact, all citizens and foreigners are given the opportunity to know the rules and their consequences with legal certainty. The work responded

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