The legal experience highlights the centrality of the auto-composition of the dispute, which was eclipsed by the modern legal thought and which now, however, is stimulated by the same court with the help of lawyers. Indeed, the procedural decision of the dispute, as well as being subsidiary to the attempt to reach amicable agreement of the litigants experienced by the mediator in civil and commercial matters, it is only one pole of the judge’s function who is first called to reconcile the parties.
Salvatore Satta. Il giovane giurista a Milano e il rapporto
con il professor Marco Tullio Zanzucchi
The essay deals with the very first years of legal education of Salvatore Satta: his departure from Nuoro to attend the university first in Pisa, then in Pavia and finally in Sassari where he graduated in July 1924 with a dissertation on bankruptcy law. Retracing the link with James Delitala (one of the main Italian criminal lawyer), the essay deals with the arrival of Satta in Milan and his meeting with Marco Tullio Zanzucchi, professor of Civil Procedure at Università Cattolica del Sacro Cuore. The paper investigates the relationship between Zanzucchi and Satta both from the human and the professional point of view. Furthermore, the work takes into consideration the first publications of Satta (1925 and 1926) in Rivista di diritto Commerciale and in Vita e Pensiero, the interruption of the studies in 1926 due to his permanence in the sanatorium of Merano untill he became lecturer in civil procedural law when he was 30 (in 1932). The essay points out why Satta was considered to be a great jurist and writer since the beginning of his career since he has succeeded in establishing itself between the leading experts of the Italian Civil Procedure and defying the great and undisputed masters, from Francesco Carnelutti to Giuseppe Chiovenda, thanks to his independence of thought.
The right to education: a fundamental and universal right
This study aims to analyze the legal and meta-juridical requirements on which the child’s right to education is founded. In a specific manner, in relation to the notion of greatest importance of the child, already acknowledged by many International Treaties, such as the UN Convention on the Rights of the Child of 1989, that was ratified by the Holy See in 1990. The right to education, even in religious matter, can therefore be defined as a functional right stemming from the duty of guidance and protection that falls first with the parents and accordingly with the family as defined by the international legislation, both from the Magisterium of the Church, first and irreplaceable social agency, as well as the foundation and future of society.
De iure condendo. “Per difendere quelle che sono le nostre
buone tesi ”. Agostino Gemelli e la Facoltà di Giurisprudenza
dell’Università Cattolica del Sacro Cuore (1940-1950)
This article analyzes the close relation between Agostino Gemelli and the Faculty of Law of the Catholic University of Milan (1940-1950). Gemelli is particularly interested in the world of law (Draft Constitution, Trade Union Law and other) always trying to affirm the Catholic point of view.
The conceptual polarity person-community represents a key topic within the traditional or continental philosophical-legal debate as well as a crucial theoretical framework of some legal documents (i.e. the Italian Constitution). The analysis of the fundamental historical-legal paradigms according to which this pair developed (the Christian model, the modern passage and the contemporary scenario) highlights the theoretical complexity and the dialectical structure underlying the idea of “person” and the communitarian horizon as well. Starting from this perspective it is possible to grasp the gradual transition between two models. On the one hand the traditional recognition of the pair person-community, which was based on a cooperative model and social solidarism. On the other hand the contemporary and contradictory idea of protection of individual dignity, which is more and more oriented to emphasize the principle of autonomy or individual self-determination (especially with regard to international and supranational law). In other words: from the pair person-community to the couple dignity-individual rights. Hence the problematic proposal of the theoretical and normative relation person-community within the contemporary complex societies.