«Quod per duellum acquiritur, de iure acquiritur». Su Dante e il duello ordalico al tramonto del medioevo

Although in decline compared to previous centuries, the judicial duel still continued its life in the late Middle Ages, according to what was foreseen in various normative sources and as witnessed in practice. In Monarchia Dante argued that a duel could only be used if there was no other way to resolve a dispute and if the parties fought by free choice and not moved by hatred, but only to pursue justice. Contrary to what has been claimed by most, it can therefore be affirmed that he supported the extrajudicial or judicial practice of the duel, but only in a voluntary declination. In addition to the references to biblical and pagan texts, other elements can be identified to explain Dante’s adherence to this orientation in his biography and in the Weltanschauung of the Florentines of his time.