Dear all,
first of all I would like to thank you for all your proposals about the topic "law and Italian literature", which are in general really interesting and smart. I would just to stress, for the last time, that we are writing a list of Italian literature with some references only to French literature. You have also to distinguish between literary works (novels, poems, plays, etc.) and philosophical, sociological, political works. To summarise:
1) Italy and France
2) Literature
22 commenti:
Just a bit late a short list of italian works linked to law:
I promessi sposi by Alessandro Manzoni (Dott. Azzeccagarbugli; How he uses law as an instrument to be understood just by lawyers; law's manipulation to obtain results; the techincal use of language).
Salvatore Mannuzzu (He was a judge) “La Procedura” the justice during Aldo Moro’s kidnapping
Diego De Silva (lawyer) “Non avevo capito niente” Romance. It is about the daily work of a not brilliant lawyer in Naple that one day become involved in a “camorra” trial.
Leonardo Sciascia “Il giorno della civetta”. The main character is inspired to an italian policeman (carabiniere). He investigates the causes of a mafia murder; he knows exactly how everything have happened but he need to demonstrate it. In here law works like an obstacle because judges aquit the defendant because there are no proof enough. Judges are corrupted and they look for loopholes.
Andrea Camilleri “Voi non sapete”. The Mafia’s organization explained by Camilleri through the Provenzano’s pizzini.
Giuseppe Ayala (judge) “Chi ha paura muore ogni giorno”. Ayala tells the story of Borsellino and Falcone during the first maxi-trail against mafia. Ayala has been involved in the antimafia pool since the beginning; he was friend and colleague of the two judges.
Carofiglio (pubblico ministero) “L’arte del dubbio”. This book was born as a techincal essay about the analysis of interrogation techniques made through true cases as examples. The book had a great succes between the “normal” public so it has been restiled and printed again in a less tachnical version.
Pirandello “Così è se vi pare”. It is absolutely not about law. But it could be useful to face the theme of the “research of truth” and “make an investigation”.
Comments are welcome,
Andrea Petroni
Hi,
i agree upon with Andrea' s list, in particular Leonardo Sciascia and Giuseppe Ayala.
I would remeber another book about mafia's language: "PAROLE D' ONORE" of Attilio Bolzoni. It describes in particular mafia's language in its inner comunication between it's hierarchical structure between the "godfather zone" (known as "cupola") and the base of soldiers ("picciotti").
I found it as an important and interesting description of the most important criminal events and also an important witnessing of fight against criminal organization that stains with blood the southern Italy and works in all over the world.
Giovanni Falcone said: " when i started to know the man of honour (uomini d'onore in mafia's code) i learnt that the mafia's logics aren't never out of date and incomprehensible, but are ever functional to an aim. There are moments when these members of the mafia seems the only rational men in crazy world. Sciascia also said that in in Sicilia the worst cartesians hide themselves".
Michele Viti
Just an important mafia's recostruction and an homage to all who fighted against it:
TOGHE ROSSO SANGUE
DI Paride Leporace
Between 1969 and the 1995 were well 25 Italian judges that organised crime has brutally murdered, and only because guilty to serve the State.
Twenty-five human lives sacrificed on the altar of dark subversive drawings and affected mercilessly victims deleted from the collective memory.
Thus, for many judges fallen in the exercise of their duties, saw a regrettable process of removing their commitment - as well as their life - from the laborious history of the Italian Republic.
Togas red blood is a book that fills this gap scandalous know creates the figure of Italian judges killed by mafia, common criminals and terrorists for the first time.
By Lisa map until Giovanni Falcone and Paolo Borsellino, the book of Paris Leporace rebuilds professional career judges murdered in Italy, explains the context in which became mature their murder, collects the testimony of relatives, friends and even the torturers saving who was forced to give life for the exercise of justice by the most ruthless of convictions: to oblivion.
Michele Viti
Hi,
I wanted to point out an important book of Salvatore Satta, "Il giorno del giudizio".
Salvatore Satta (Nuoro 1902, Rome 1975) is one of those writers, almost extinct today, characterised by the spirit and style of those who did not mind to write in the light of the production and the market. First confirmation there is, in this sense, from "la veranda", novel written for only 25 years, assessed by Marino Moretti a counterparty Italian the mountain enchanted of Thomas Mann, and that then not came to the public as not to accept it.
The novel was published only in 1981, by Adelphi; after "de profundis" printed in 1948, and the day of judgment, 1977. Write is not my job and admits the writer.
It is not in any way. And in fact: ' I write these pages that nobody will read, because I hope to have so much clarity to destroy them before of my death '. So why write a book? For Satta was as wonder: and why live? Does not live, or you write, according to a later, a goal. But this means fly above men, not be contaminated by human weaknesses. And Satta it was not, at least did not want it. He bewared now laws, of which was expert, of all those laws in which still believe the live.
For Satta writing, in particular the day of judgment, was as a tangle of trails, a journey through time, between the dead, from which felt called paths. In his return to Nuoro, to that divided Crows Nest as and more than the Gaul, the are in the cemetery of the city, good morning, avoiding see and be seen. Because only the dead he wanted to meet: Peter, Sèuna, Santa Maria, when there was still not the electric light and the solitudes thought unimpeded those endless desolazioni; have died are called don Sebastiano and Vincenza, first of all, women and on by many other characters who lived between pain and pain, an almost impossible to tell history.
' In this remote corner of the world, all ignored out from me, I feel that there is no peace of the dead, the dead are dissolved by all the problems, less than one, that they were live '. And again: ' all turn to me, everyone wants to lay down in the my hands the burden of their life history without history of their being been. ' […] ' Perhaps while I think their lives, because I write their lives, I feel like a God, ridiculous who called upon to library on the day of judgment, to free them from their memory forever '.
So his journey takes shape, substance and judgment. 'You are in the world only because there is place!"says don Sebastiano to woman Vincenza, while with candlelight in hand it notes in a corner, most forgotten living. This assessment, and that is then a natural dimension, are many other characters powerful or weak, vulnerable and narrow, cunning or lunatic. From the Fadda master to the slackers of the scrap Chischeddu to Fileddu Court joker Tettamanzi coffee. In Nuoro and campaigns in homes, at school. The strict affirmation of don Sebastiano, is clarified it, is not a literary invention; is still in use in many areas of Sardinia and is a kind of warning, a public statement, a provisional assessment that precedes the definitive. A judgment even death can never erase.
Of Peter Catte, who tried to do not to hung himself Biscollai, shaft reality Satta reminds us: ' the his was a vain hope, why not you may cancel their being born... ' 'If he does not exist, none of us exists'.
In the time and in the night, where the dead shall continuously, Satta meets perpetrators and victims, damn places and naked silence, shadows does and torbide, trees and rocks blood color, darkness and blinding, lights yet tangled always opposing sentiments while her gaze notes everywhere, tireless, and everywhere is scroll without sympathies, a high, strict and solemn, never without irony of mercy, inside a changing world and all resists its ancestral nature. At every glance the wisdom of the ecclesiaste is valid and unchangeable over time, wisdom to the above human, while a kind of universal view dominates people and events...
These characters there also appear more rough and painful, surprised as in the daily realities of those designed by masters in the reference of Petersburg and Lewistown. Not have the privilege of sleeping on the Hill: Satta them discovers confused between them in a trench without name. Or there stone containing marks in their passing, their pain diuturnal, speechless. The annihilation is total and common, silence becomes popular, for all. And the writer is not limited to give their testimony, this is also its history, is aware that no one can free themselves from this proceed without destination. There is no ground promise nowhere, as there has been to Moses, he also location and suffered an endless journey, as its people, in the desert of Sinai and often also in the soul...
"Ultimately what we need to the woman, if we want to be honest, at a time like this where it is so difficult to it?" No ' more than love, and the ability of love. The problem is that love is a difficult thing and it is easier to be great scientists or great writers. "Because love is not desire, is not study, is not what that says genius, intelligence, the real single women, and also human measure." (Salvatore Satta)
Michele Viti
Hi,
i want to point out also:
"giustizia penale e poteri dello stato" of Luciano Violante.
This manual of institutions of law and criminal procedure is inspired by the belief that we cannot appreciate the actually function from the criminal justice in the Italian without addressing the institutional placement of the judiciary in the reports in advance with the other powers of the State and its organisational structure company.
Criminal justice and powers of the State is not limited therefore to deal with two matters that correspond to the double title of the discipline, or (part II) substantive criminal law and criminal proceedings (part III).
Also illustrates other areas that directly or mediated contribute to form the overall criminal justice system: part I is devoted to the judicial function and the judiciary; part IV deals with the penitentiary system finally part V examines the prevention or police measures, have done and part still play a subsidiary function in the intervention of the criminal justice. Only in this context, you can understand how real operation of a criminal system deeply characterised the position of an autonomous and independent order from each other powers recognized to the judiciary by the Constitution and the constitutional principle of mandatory prosecution imposed on the public prosecutor's Office.
Thanks to this approach not only technical legal, but rich historical suggestions and institutional-politic, the authors are to bear the important contributions to understand the Central nodes in the current debate on relations between policy and judiciary and the function of the criminal justice in a democratic system.
Michele Viti
Hi. The book that interests me is to quote "Toghe Rotte" by Bruno Tinti, magistrate, edited by Chiarelettere.
Writes M. Travaglio: "Scenes from a domestic judiciary, and indeed a hell, to tell whether they grant political correctness. Toghe Rotte has the advantage of being written for people who want to understand something." The picture that emerges is unrealistic to brutality. The Italian justice does not work, because programmed to fail. It is not true that the powers come from an efficient judiciary, the preferred inefficient, slow and politicized. Murderers, thieves, bankruptcies, mafious: the more they make it big, then it is better. Do you kill your wife? With five years you get out from jail. Will you rob billion? Prescription insurance. The law and its loopholes are from yours. Meanwhile in the prisons there are others (80% drug addicts and immigrants). The corporate lotting out certainly does not help. A magistrate is speaking. In the end the result is that 95% of crimes remain unpunished. So it is no longer just a matter of justice at stake here is democracy.
The citizen who wants to understand why many people convicted of financial crimes to be found involved in scandals ahead, because even the most common crimes (robbery, extortion, kidnapping, murder, etc..) are often committed by people who have already been convicted of other crimes, because the process ends, in 95% of cases with a sentence of not having to carry a prescription. To understand why this happens, you need to know what happens in the classrooms of the courts and how you work in the prosecutor. Here is a book that finally tells him. If you exceed the shock of these witnesses offered by various judges and lawyers, will be easier to assess the external field of justice that comes from the political shift, from time to time accused, legislators, opinion makers, and often at the same time all these things . Accompanying explanatory text testimonies for use by citizens, to understand how the justice (the punishment, the sets of proceedings, investigations, the process etc..). The foreword to the book of Marco Travaglio. Bruno Tinti is prosecutor at the Procura di Torino. "One of those who take orders from the Chief Prosecutor and may not give the alternates." Deals with financial crimes: false in the financial statements, insider trading, tax fraud, bankruptcy.
Alessandro Festucci
Hi,
i agree upon with Alessandro and i want to underline another important book: "Questione Immorale" of Bruno Tinti.
In the book "Toghe rotte" the former Prosecutor added Bruno Tinti explained what wrong with Italian justice: the limits of the grotesque situations caused by the lack of funds and personnel; the disproportion of lawyers in Italy compared with other Nations; the lack of certainty of the penalty with laws enacted in the years; as kill his wife and get away (by leveraging ancillary mitigating circumstances, pardon, and penalties).
This book is a step forward: speaks of Justice as is and should be; the role and the importance of laws to protect all, but above all those without power and the why years policy is responsible for justice reform with new laws. Because the policy (who is the laws and has executive power) has control of the judiciary to heart.
The book is divided into several parts: starts with the political justice, explaining what says the Constitution (all mentioned, but a few known) for judges.
The independence of the Court, whose career is subject only to the judgment of the Superior Council of Magistracy (art. 104, 105 and 106).
Article 3, all citizens are equal (do you think, I and also the President of the Council) in front of the law; the Court must be third and must not be pressure from anyone.
The obligation for the prosecution, requiring you to investigate all offences and not perhaps as you would like to close our eyes to those of the powerful. No favouritism and no persecution.
The role of the judicial police, judges have directly to receive notifications of offences, to make investigations (art. 58 and 59 of the italian c.p.p).
During his travels abroad, the author has been confronted with the its colleagues foreigners: all envious of protections that our Constitution allows the judiciary.
Our judges are not political appointment, are not subject (at least in theory, but recent events have also denied this) to the Minister, the political in-Office, that does not like certain "judicial interference" into his affair little clean darts. That, despite minor safeguards abroad things in the justice seem work better. There are scandals, of course, but not run aground nothing.
Why in Italy the process times are long, at risk limitation, full of smooth who slip hearings?
It shall enter something the fact that in Italy we have read ad personam, that the judges when constantly undergo to delegitimization of politicians (often cause of their work part), the information in a framework of perennial and continuous deception and disinformation?
It shall enter something the fact that in Italy we are witnessing the loss of value judgments issued, against which often cries to the plot to the fact that is wrong, there is a conspiracy. Here, if this is the context becomes easy to understand how we can that one of the pillars which supports our democracy (you remember, the game of weights and counterweights which must be balance) is flaking.
In Italy seems to return to the King and Emperor, cannot be submitted to the judgment of none.
Michele Viti
Hello to all.
"Against the ethics of truth"(Contro l'etica della verità) is a collection of writings, mostly articles published in recent years in the newspaper "la Repubblica", which have as their lowest common denominator the protection of the secular spirit, secular democracy. The premise is quickly explained that against the ethics of truth is the truth against dogmatic and in favor of an ethic of the doubt because "democracy is the regime of the possibilities to be explored through discussion and comparison, and according to the logic of the lesser evil or well higher in given conditions. " Democratic societies are sensitive and what is their strength, freedom, is also their greatest weakness: massification, conformism, dormant consciences are threats always lurk.
Democracy is hard precisely because it raises fatigue "," does not promise anything to anyone but it takes a lot to all this fatigue and awakens the desire to have values that we raise from the responsibility to choose. In Italy the most influential and representative of a powerful absolute truth is, without doubt, the Church. According Zagrebelsky it in recent years has made a real "historical revisionism", abandoning the principles of Vatican II, in which "the modern world was taken as a positive person, the bearer of good character and expressive signs worth listening . Diversa was the conception of the relationship between faith and reason, between faith and work of Christians in the world. The subordination to the Magisterium of the Church in matters of faith was not a view at odds with their autonomy and responsibility in the fields of practical reason. " The link between church and state, always strong in our country is currently experiencing a recovery in the name of a new covenant made not for the salvation of but for the salvation of the whole society.
The Church of Benedict XVI proclaims "dialogue" but for opportunistic and not for the belief: the comparison with non-believers is imposed by "concrete historical conditions [that] it impossible to do otherwise." In recent statements by the pope and the highest representatives of the Catholic religion (and so-called "clerical atheists" who Zagrebelsky see how those who do not particularly care for truth and morality of the Church but rather "held in high esteem for its heritage authority to invest politically ") there is rather a kind of disrespect: how else to call it the" friendly "feeling that suggests that non-believers to" live as if God existed? The problem is certainly the rule, which has a great responsibility not to preserve the rigor necessary its powers and to accept the invasion of the Church in temporal affairs without opposition on many issues, a firm: "Not possumus."
Zagrebelsky is important to remember and assert forcefully made the historic journey from liberal democracies to become secularized society, their struggle against the authorities know, that is, precisely, the Church, institutionalization, has promoted an ethic of truth-based standards general and abstract doctrine and rejected the Gospel of charity. The so-called "submerged schism" in the subject of ethics with which the Church today must confront arises from the fact that it answers the question of love with words of truth and legality "in the subject of conception of life, motherhood, therapeutic care, euthanasia, bioethics issues in general, the Magisterium of the Church speaks more to life than living in the theme of sexuality over the natural order of people who sexually characterized, in terms of unions between human beings, most of which non-family actors have relationships with each other life. Each set of abstract ethical issues sacrifica necessarily concrete positions, which, according to the charity, they should also find reason to be acknowledged and are disregarded, often with great personal suffering. " The cues provided by these pages are many, but especially Zagrebelsky us to face the challenge of democracy, to reinforce its principles, having as a unique and valuable guarantee the same freedoms.
A. Festucci
Hi,
I would like to stress something which concerns the contemporary history of our country.
I refer to the hidden events and textures of power involving the Republican second post-war Italy.
Let me give you two books concerning: the first, concerning a dark crime that sees a combination of power and business between Church, Freemasonry high finance; the second affects in particular the life of a "Master of Puppets" whose presence and masonic activities have affected much in Italian politics.
The first book, written by Mario Almerighi, entitled "I BANCHIERI DI DIO" the bankers of God.
Mario Almerighi shall enter into judiciary in 1970. Praetor in Sardinia and Genoa, then part of that group of judges called pretori assault. In 1976 is elected to the Board of Governors of the Magistracy. Then, become magistrate in Rome, is dedicated to the field of international organised crime. In 1988 founded together with Giovanni Falcone a new current of magistrates. In 1988 is elected President of the National Association magistrates but resigned after 48 hours. This is currently Chairman of the section of the Rome Criminal Court and President of the Foundation Sandro Pertini. He is author of one of the two volumes of the opera "law and environment"; "the bankers of God"and"oil and policy".
the book describes a detailed and thorough all views on the crime of banker Roberto Calvi. Roberto Calvi was found hanged, the morning of 18 June 1982, under the bridge Blackfriars, on the Thames. In 1989 the theory of the judicial authority in London and Milan was that of the probable suicide. This seems closed, when are found copies of letters concerning the sale of documents that Calvi kept its stock exchange. What are the reasons that led Calvi to flee from Italy and to go to London with the help of Flavio Carboni? What kind of relations had Roberto Calvi with the Vatican? As a patch ' desk Ambrosiano its relations with Gelli, Sindona and Ortolani? Banco Ambrosiano was a bearing on the laundering of capital mafia? Calvi contributed to the financing of solidarity and South America countries for the fight against communism? That night in London, Roberto Calvi you committed suicide or was barbarically killed, and if was murder, which was the motive and who sponsors and performers?
The book, containing the text of the judicial measure catch against Pippo Calò and Flavio Carboni accused both of the murder of Roberto Calvi, wants to answer these questions.
The second book (always remain in the topic of the hidden textures and the plots of power) is an interesting interview to a great "master of puppets" of our country: Licio Gelli.
The book entitled "LICIO GELLI - PAROLA DI VENERABILE" written by Sandro Neri.
The book describes sixty years of Italian history of public and private events of intelligence, relations with the political leaders and the Atlanticism environments. This book is the longest and complete interview never carried out with the venerable. Leaves in 2006, twenty-five years from the explosion of the scandal of the masonic lodge P2. Press by journalist Sandro Neri, Licio Gelli rebuilds step by step the parable of the loggia from sources to its dissolution. But also its youth in the Mussolini social Republic, his furious activism in the post-war period, its endless friendships, large heads indictment concerning him.
Second Sandra Bonsanti: "remarkable is the effort that Sandro no takes in trying to extract the secret aspects of the MOR, stories and characters." (...) Considerable space to the timely reconstruction of war, the fascist, young Gelli of early in the Affairs, the Christian Democrats (Democristiani) powerful following years. For the first time perhaps the background of the entries in the lodge, the history of the P2 and the Greater East (Grande Oriente), Peròn, Edgardo Sogno and Junio Valerio Borghese told. Arises, at the end of the interview, in other European country there was a character as Gelli".
Michele Viti
Hi,
I wanted to introduce a further book on the Italian Constitution.The book is "LA COSTITUENTE".
The author Paolo Pombeni teaches history compared of European political systems in the Faculty of political sciences at the University of Bologna.
One of the central themes of the political debate is of the constitutional structure of the country and the changes would need to make the establishment of the 1948 to establish the transition from the first to the second Republic.
But was born as a Constitution and which are routes to change? And as was born the our? These basic questions intends to give Pomben response with a brief summary of historical terms of this. In other words, the author did not intend here add its voice to the already crowded debate on constitutional reforms as to provide the coordinates and the previous historical essential to the citizen that debate wants to follow and judge so warned.
Michele Viti
There is one thing I want to remember. An extremely beautiful and profound that I was especially touched. It has no reference with the current legal literature proposed here in this blog.
But it is something that, although older than 50 years, is more topical than ever.
The speech made by Piero Calamandrei January 26 1955 in front of the frescoes in the Salone of the humanitarian society, in my humble opinion, is a lesson in history and legal culture that we all have to learn. Says:
"Article 34 says:" Capable and deserving pupils, even without financial resources, have the right to attain the highest levels of education. "Eh! And if you do not have the means, then in our constitution there is an article which is the most important of all creation, the most challenging for us that we are declining, but especially for you young people who have the future ahead of you. says so:
'It is the duty of the Republic to remove obstacles to economic and social, which, in fact, limiting the freedom and equality of citizens, prevent the full development of the human person and the effective participation of all workers in the political, economic and business of the country. "
E 'to remove barriers that prevent the full development of the human person and provide jobs for all, give a just wage to all, give a school at all, give all men the dignity of man. Only when this is achieved, we can truly say that the formula contained in art. first-"Italy is a democratic Republic founded on work" - correspond to reality. Because until there is this possibility for each man to work and study and learn with their job security by the means to live as a man, not only our Republic can not be based on call work, but we can not called democratic because even a democracy in which there is in fact this equality, where there is only an equality of law, democracy is a purely formal, is not a democracy where all citizens are really in a position to contribute to life society, to bring their best contribution, where all the spiritual forces of all citizens are made to contribute to this process, this continuous progress of the whole society.
And then you will realize from this that our constitution is in part a reality, but only in part is a reality. In part it is still a program, an ideal, a hope, a commitment to work to be done. As you work to be done! How much work is there before!
It 'been rightly said that constitutions are also controversial, that in the articles of the constitution even though there is always hidden from the wording of the cold, a polemic. This controversy, it is usually a polemic against the past, against the recent past, against the regime fell from which he came out of the new regime.
If you read the part of the Constitution which refers to civilian political relations, the rights of freedom, you constantly hear the argument against what was the situation before the Republic, when all these freedoms, which are currently listed and solemnly reaffirmed, were systematically disregarded. Thus, controversy at the human rights of the citizen and against the past.
But there is a part of our constitution which is a polemic against this, against this company. Because when the art. 3 says: 'It is the duty of the Republic to remove obstacles to economic and social factors prevent the full development of the human person recognizes that these obstacles are there today in fact and that we must remove them. Gives an opinion, the constitution, a controversial opinion, an adverse opinion against the current social order, that must change through this instrument of law, the gradual transformation, which the constitution has made available to Italian citizens. But no constitution is a property that has a fixed point, is a constitution that opens the way towards the future. Not to say revolutionary, because for revolution in common parlance means something that subverts violently, but it is renewing a constitution, progressive, aiming at transforming the company n which can happen that, even when there are, freedoms and legal policies are made useless by the economic inequality impossible for many citizens to be people and realize that within them there is a spiritual flame as if it had developed a system of economic equalization, it could also contribute to the advancement of society. Thus, polemics against the present in which we live and commitment to do what
is in us to transform this situation. But, you see, the constitution is not a machine that once set in motion goes on to say. The constitution is a piece of paper: the fall and not let you move. Why you should move every day in losing fuel, we must put in the commitment, spirit, the will to keep these promises, his responsibility. That is one of the offenses that are made to the constitution is the indifference to politics, indifferentism-politician who is not here, fortunately, in this audience, but often in large groups of young people-a disease of young people. "Politics is an ugly thing, that I matter of politics" when I make this speech, I will always remember the old story, which some of you know, two of those emigrants, two farmers, traveling the ocean on a steamship shaky. One of these farmers slept in the hold and the other was on deck and he realized that there was a large storm with high waves and the boat ranged: So this farmer afraid to question a sailor: "But are we in danger?" and it says: "If this continues the sea, the ship sank between half an hour." Then he runs in the hold awaken his companion and says: "Beppe, Beppe, Beppe, if you read this sea, the ship sank in minutes." That says: "I don't mind: it is not mine!". This is the policy of the indifferentism. It 'so good, it's so easy: there is freedom. We live under the principles of freedom, there's other things to do than get involved in politics. And I know too! The world is so beautiful, there are so many beautiful things to see, to enjoy, as well as deal with politics. Politics is not a pleasant thing. But freedom is like air: you realize what that is when it begins to fail, when you hear that sense of suffocation that men of my generation have felt for twenty years, and I hope to you, young people, not hear anything, and I hope not to ever get to feel this sense of anguish, because you hope you manage to create the conditions for this sense of anxiety do not have to prove anything, remembering that each day we must ensure the freedom, giving its contribution to political life. The Constitution, you see, is a statement written in these articles, from the literary point of view are not beautiful, but it is the solemn affirmation of social solidarity, human solidarity, of common fate, if that goes down, goes to background for all this around. And 'the paper of their own freedom, the card for each of us the dignity of man. I remember the first elections after the fall of fascism, June 2 1946, this people that for twenty-five years had not enjoyed civil and political freedoms, the first time I went to vote after a period of horrors-the chaos, war civil wars, the fights, fires. I remember-I was in Florence, the same has happened here-these files before the people governed sections, disciplined and happy because they had the feeling that he had rediscovered his dignity, this give the vote, this bring their views to help build this view of the community, being masters of ourselves, of his country, our country, our homeland, our land, we have our fate, the fate of our country.
So, you young people to the constitution you have to give your spirit, your youth, bring it to life, like what you hear, put in the civic sense, civic consciousness, to realize-this is one of the joys of life-to realize that each of us in the world is not just that we are more, that we are part of a whole, within the limits of Italy and the world. Now you see-I have little else to say-, in this constitution, which do feel the comments in the forthcoming conference, there is in all our history, our whole past. All our pains, our tragedies, our glories are all led to these items. And to know mean, behind these articles you hear the distant voices. When I read in art. 2, "the fulfillment of the mandatory duties of political solidarity, economic and social", or when I read, in art. 11, "Italy repudiates war as an instrument of aggression against the freedom of other peoples," the Italian homeland amid high homelands, I say: but this is Mazzini, or when I read, in art. 8, "all religious confessions are equally free before the law", but this is Cavour, when I read, in art. 5, "the one and indivisible Republic recognizes and promotes local autonomies", but that is Cattaneo, or when, in art. 52, I read, about the armed forces, "the law of the armed forces is the democratic spirit of the Republic" army of people, but this is Garibaldi, and when I read,
art. 27, "is not permitted the death penalty," but this, students from Milan, is Beccaria. Great voices distant big names away. But there are also humble names, recent entries. How much blood and how much pain to this establishment! Behind every article of this constitution, or young, you have to see young people like you, who fell fighting, shot, hanged, tortured, died of hunger in concentration camps, died in Russia, died in Africa, died on the streets of Milan, on the streets of Florence, who gave their lives so that freedom and justice could be written on this paper. So when I said that this is a dead card, no, not a dead card, this is a will, a will of a hundred dead. If you want to go on pilgrimage to the place where she was born our constitution, go where the mountains fell in the partisans, in prisons where they were imprisoned in camps where they were hanged. Wherever an Italian died to redeem the freedom and dignity, go there, or young, with the thought that there was born our constitution".
Good Morning
I am pleased to tell you that you can download the audio file of the speech of Calamandrei 1955, is at this link:
http://www.umanitaria.it/1-117.php
Alessandro Festucci
Hi,
I would like to point out two important books relating to the history of our Constitution:
The first is entitled "Storia costituzionale d'Italia 1848 / 1994" written by Professor Carlo Ghisalberti, Professor of history of the Italian law.
Ghisalberti traces the fundamental stages of the evolutionary path to the history of Italian law. A history constitutional of Italy that goes beyond the shape of the institutions and becomes a history of class leader of the political, forces of the parties, trade union bodies. The analysis of events series since 1848 today shows that, without prejudice to the Basic Law of the State, in practice you can use depending of the political forces in field and the real needs of the country.
The second is entitled "SAGGI DI STORIA COSTITUZIONALE" written by Livio Paladin, Professor ordinary of constitutional law at the University of Padova, President of the Italian Constitutional Court and twice Minister.
The book is to complete the publication of the writings of constitutional history of Paladini Livio started in 2004. The point of the Constitutional Affairs covers a period of time unfolds between years of fascism, ripercorsi here in detail, and early 1970s. A rich experience strong to teaching University to Minister of the Republic, Paladini it is moved strictly between law, policy and history. The result is a fruitful dialogue between experiences where the intellectual availability of the academic ever made veil on reality. Convinced that the world of the law was not made of complaints and momentous, broken but is built for levels overlaid with continuing at the time effects, has managed to draw and return, with interested look towards the Constitution, a complex and exciting, not without Republican constitutional history of delays, problems, obscure points.
Michele Viti
Hi,
always as regards the issue of the Constitution, I wanted to point out a further book: LA COSTITUZIONE OFFESA of Pierluigi Castagnetti.
Pierluigi Castagnetti was Chairman of the Group of the current centre-left the Italian Chamber of Deputies (Margherita- DS).
Was to end the five years of Government of the centre right started under the best auspices: at the beginning of the new century Italy was a protagonist of the new Europe country, had a budget with more than five points primary surplus, the South had begun to grow at a rate of birth of the percentage rates of companies not less than that of the northern regions. And the centre-right promised to do more and better. The Italians, promised, would have lived with Berlusconi a true new deal: more freedom and greater wealth for all. With the awakening we you noticed that the great dream was a great deception. Families began to be reduced resources, the freedom to be well informed. Instead of all, the Government issues you occupied mainly of those of a few, very few Italian. One in particular. To do so, taken to progressively attacking all the "barrages" constructed by fathers of our democracy.. And the progressive torsion of the Constitution, the daily reversal of the law for purposes of the repeating rules forcing private interest is started.
The Constitution has become, in short, the true target of the Government, because it was too annoying space. Better them the silence. And so, after laws ad personam and those to personas, arrived a devastating electoral reform that will produce a political paralysis of the system. The hope is that this collection of measures against the ravages of system and the legality (are views on a culture of respect for laws and the collective interest of the morality the behaviour of the superiority of the common good) can cause the attention, especially of young people, and stimulus to discover the richness of the fundamental Charter of the ' 48, to find those reasons of confidence and hope that the political events of today are unable to offer.
Michele Viti
Hello to everybody!
I want to introduced a further Satta's book, taking up Michele’s reference above: “Il mistero del processo”.
Most of the people knows Salvatore Satta (1902-1975) as an extraordinary narrator, fineness in “Il giorno del giudizio” novel (Adelphi 1979).
The minority knows him by profession, he is a lawyer and he is one of the most distinguished author of this century, in particular he distinguished himself by the monumental "Commentario al codice di procedura civile”.
In my opinion, the most important part of the book is that one where Satta is asking himself and the reader about the importance of the process and the purpose of it and all the work is around it.
I'd like to report a part of his speech, that is emblematic, in my opinion:
“But the process? What is its purpose? […] its aim is the implementation of the law, or the defence of the subjective, or the punishment of the reo, and even justice or the search for truth: if this is true,I would like to underline the utterly, incomprehensible and unjust, the judgment and the same strength of the res judicata, which covers, much more that the Earth, the mistakes of the judges. All these could be the goals of the legislature that organizes the process, it could be promoted by part of the public prosecutor to specifically, not the purpose of the process. If you want to assign a purpose, in the process, you couldn't do that in the judgment; processus judicii was the old formula hired, and almost by definition, in process.
The judgment hasn't the external purpose in the process, because the process has anything but the judgment and formulation of judgment: therefore it has a purpose, that is like to say that it hasn't one.
Really process and judgment are acts without a purpose,only acts of life have purpose”.
With these words Salvatore Satta undertakes a fundamental analysis to the intrinsic meaning of the process.
See you..
Giorgia Ciucci
Hi,
always talking about this Constitution, between the shelves of home my I found an interesting book: "LA COSTITUZIONE ALLO SPECCHIO" of Professor Andrea Colelli (lawyer and constitutional law at "L'Ulivo" centre-left parliamentary group of the Senate of the Italian Republic legislative Advisor).
In the last parliamentary term something new happened in our country: the establishment, never posted before, a form of Government supported by the populist appeal on average, launched by a private in view of its interest private company.
Certainly new on the Western scene and much more ingenious experiment and supported technologically of is not never happened in the third world schemes. Starting, in the first part of the book, a research into constitutional evolution in the Italian history of the post-war period, the author, in the second part, shall an examination of the lines and practices that led to the constitutional reform adopted by the Liberal right during his Government.
So, rerun the origins of our constitutional history Republican, is way compared to the crucial period of the fall of fascism in the first Republican legislature with the constitutional miseries of this. Not an uncritical, reconstruction so less celebratory, but a deepening of history that was compared with a topical shocking and dangerous.
Michele Viti
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