La tortura en las Siete Partidas : la pena, la prueba y la majestad. Un análisis sobre la reinstauración del tormento en la legislación castellana del siglo XIII

Abstract

None of the historians of law woud dare to deny the presence of Roman sources –especially the late compilation called Corpus Iuris Civilis– in Partidas and specially the case of Digestum. Thus, in terms of its materiality, what will be presented here will be a comparison between specific titles of the works mentioned above which refer to the topic of torture. On the one hand, we will analyze the 18th title of the book XLVIII of Digestum in contrast with the 41st title of Book IX of Codex. On the other hand, we will study the 30th title of Book VII of Partidas. This comparison will not be specially focused on textual equivalences –which are consciously overlooked by the drafters despite their perfect knowlage of the quotation systems– but on the ultimate significance that entails the introduction of these texts in the Castilian legislative framework and, specially, the return of torture as a conclusive proof. In this regard, our objective will be to expound possible methods to deal with the problem of intertextuality in a world without authors.