Sovereignty the recapitulatory expression of the fundamental correlation between law and
State or State power. For this reason the sovereignty is mother and daughter of the State at the same
time because organization of subjects and positiveness of law: it tanslates the principles of natural law
into the present.
Alla ricerca di un luogo per la laicità: il «potenziale di verità» di una democrazia liberale
The essay is intended as a kind of meta-analysis, from a mainly criminal law perspective, of
laicism and mutual tolerance principles in latemodern societies, getting beyond the formal approach to
these themes, which has traditionally been focused solely on the legal guarantee of an outward respect
by States and among citizens for minority faiths and beliefs. Liberal democracies, made aware of the
need – stemming also, ad J. Habermas puts it, by and «aberrant modernization» – to draw upon different
religious and moral beliefs in order to preserve their same normative and cultural foundations,
should then bolster up the «potential for truth» of citizens and thus foster a widespread «interest in
truth» rather than the idea of people sharing unique identities. A task which, in turn, requires as prerequisite
equality of rights, enhancement of human capabilities and social cooperation. Such active social
policy involvement even by liberal States has become more and more urgent in view of the recent
drift of criminal laws towards «zero tolerance» and «enemy oriented» policies, which, besides being
both the effect and a major further cause of the weakening of vital social bonds, are hardly contained
solely by the liberal rule of law and rather pose a powerful threat to a credible maintenance thereof.
Il metodo nel diritto del lavoro. La lezione di Luigi Mengoni
In the tought of Luigi Mengoni the subject of legal method assumes a central importance and
its applications concern the main themes of labour law as well as those of civil law. In the reasoning
of the decisions taken during his activity of constitutional judge Luigi Mengoni applied the idea of
linking the legal framework and the case. According to the ermeneutic hypothesis he has held that
dogmatic assumptions such as the problem of values impact on the «pre-comprehension», interpreted
as the main aptitude of judges. In this context Luigi Mengoni has developed this approach in many judicial
decisions relating to the fields of both employment and social security laws. According to Luigi
Mengoni theory, the ermeneutic problem must be solved taking into account the consequences of the
decisions as well as the rationality of the legal system on the whole.
Orientamenti della nuova legislatura in materia tributaria
The job analyzes in a critical prospective what the Government is making in fiscal policy. A
particular attention is given to the serious problems of constitutionality that there are. The Government
wants to make the fight to the tax evasion, but the instruments are wrong. There is a mistaken
use of the penal endorsement: it should bu used to punish, not to have more money. The job analyzes
also the several violations to the «Statuto del contribuente» that the new laws make. The Auctor
hopes a new jurisprudence of the Court in order to specify the constitutional limits of the «Statuto del
Il pensiero amministrativistico di Giorgio Berti: l’amministrazione capovolta
In this study on the conception of Public Administration of the leading italian author Giorgio
Berti, the main features of Public Administration are analysed as follows: a direct link exists between
the concept of Public Administration and the general conception of Law as well as of State sovereignity;
the inadequacy of the explicit ideas of the Administration expressed in the Italian 1947 Constitution
does not prevent the perception of this link; the rule of law is not exhaustive of the whole
idea of the Administration; the new horizon in which Public Administration must be considered is its
direct reference to civil society.
Efficacia giuridica. Appunti per una lezione di diritto privato
This is an essay on legal efficacy which places the private law norm at the centre of the analysis.
The investigation moves from the theory of legal norm as hypothetical judgement: the draftsmen
take into consideration some events (facts) of real life and describe them within a normative context.
If the described facts happen, they trigger the consequences indicated by the norm, which are called legal
effects. The effects consist of ‘events’ related to legal duties: when the fact described by the norm
happens, a legal duty is born; or an existing legal duty is extinguished. Some of the main private law
institutions are analysed in the light of these premises.
Il dopo 11 Settembre: un nuovo concetto giuridico di «pericolo». Tra libertà individuale ed esigenze di tutela della sicurezza collettiva
The offenses of danger, the difference between actual and alleged danger. The rules on international
terrorism and the compression of individual rights in the presence of threats to collective security.
The subjective freedom after 11 September and the need to recognize protections for citizens to
avoid arbitrary compressions individual freedoms without real justification. The forms of protection
possible: Parliament control, control of Constitutional Court.
La vocazione europeistica di Alberto Trabucchi (nel centenario della nascita)