Collected Papers of the Law Faculty of the University of Rijeka

 

SUPPLEMENT

Homage to Academician Lujo Margetiæ

THE GAMBLER BETWEEN PATHOLOGY AND LAW
(Notes Referring to Middle Ages in Istria and Dalmatia)

Dr. sc. Gherardo Ortalli, professore ordinario 
Facolta di lettere dell'Universita di Venezia 

UDK: 343.56(497.4/.5)"04/14"      351.762(497.4/.5)"04/14"                Preliminary communication


Concern for the prevention of (not only economic) damage that may be caused by the games of chance, became most often concretized through legal acts of restraint and repression. As the type of prevention, insufficiently observed but nevertheless sufficiently spread in the period of late Middle Ages, performed the obligation not to gamble assumed by public notary act. Several precious evidences from the documents of Piran, indicate perfect harmony with the practical performance in other regions that recognize the institute of obligations - de non ludendo (Italy, France, Germany, Crete). In general terms, the experience of Istria and Dalmatia is compatible with the tendencies considering the restraint of the games of chance for money in the pattern of specific phase of the collective attitude towards gambling. Since XII and XIII cent. the games of chance become defined as the segment of the system of social organization presuming more precise prohibitions along with further concessions (evident from the municipal Statutes). Referring the gambling, the prohibitions become more precise even though they conceptually anticipate the exceptions that (through various postures) procure available basis of conduct forbidden by general orientation of regulations and general legal provisions. Particularly in Istria and Dalmatia there were allowed the games of chance in specific locations or time period of performance (open air central locations in towns or within previously defined confines or during specific time of the year). Those directions did progressively imply the assumption that the games of chance should be administered by public authorities through direct organization of the game or providing related concessions.

Key words: gambling, games of chance, statutes, pathology, Middle Ages, Dalmatia, Istria.

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