Soggettività e qualificazione del fatto. L’indagine del factum intrinsecum tra diritto e teologia nel XII secolo: due casi di studio e spunti per una ricerca.

This paper looks at the problem of subjectiveness in the legal recon-struction of facts during the late twelfth century. After providing a short overview of the interest in facts and intentionality amongst the twelfth-century jurists, this contribution will examine two minor works produced in the Transalpine schools of canon law that focus on the peculiar concept of «intrinsic fact» and on its rele-vance for the legal inquiry of human conduct. Subsequently, it will be argued that the theoretical elaboration behind this concept can be placed at the crossroads of canon law and theology, testifying to the pivotal role of scholasticism in the defi-nition of subjectiveness and intentionality. In the last pages, an edition of one of the sources – here called Tractatus de operibus – will be provided.