Sergio Scotti Camuzzi

The great figure of Arturo Dalmartello is described through the words of Sergio Scotti Camuzzi. His attention is focused on one of the most relevant Darmatello’s works I contratti delle imprese commerciali, which represents a collection of the scholar’s university lessons. The author is interested in finding the essential Dalmartello’s teaching and in outlining the fundamental principle that led his researches and his work: the idea that the Right is not only the textual law, but also procedure, practice and process.

In Part I of this study the author reviews an «initial reading» of essays by Luigi Mengoni, putting them in their context and indicating the main contents. Readers are reminded that the part of Mengoni’s work commented on in this article dates back to 1958 and was written in an important historical moment for Italy as far as economic development was concerned. It was an age when heady ideals stimulating the social reconstruction of the nation, based on the new democratic and republican Constitution ratified in 1948, were rampant. The author identifies five topics Mengoni dealt with in this piece of research, namely: industrial capitalism, managerial capitalism, corporate social responsibility, constitutional economic order, «mitbestimmung». The commentator scrutinizes Mengoni’s analysis which indicates ownership or «proprietà» of companies, full management control over firms giving the power to fix objectives and relations with the market in particular with regard to relationship with labour, as crucial fields of research. In Part II of this study the present writer proposes an «updated reading» of Mengoni’s essay demonstrating that in changed current circumstances it still constitutes a valid, modern approach to the problems governing the regulation of the business sector and more generally speaking of the economy. During the actual financial capitalism phase these problems can still be explained and managed taking into account Mengoni’s analysis. However it appears evident that the conflict of interests is a new instrument and a sector of research which absolutely must not be underestimated. Mengoni’s updated analysis, re-examined in a contemporary context, underlines many critical points of law regulating the economy that legislators have so far failed to review and modify adequately. This factor is particularly relevant in the field of the market for the transfer of ownership of firms, of the role of the banks and of the regulations controlling the conflict of interests. Above all in this write-up it appears manifest that Mengoni’s work highlights, thus increasing our awareness, that neither labour nor rule of law are such as to be determined or conditioned in a predominant way by market mechanisms.

Why the globalisation is not simply an internationalisation in progress, of trade and of investments and finance? No one economic phenomenon can rise rules (even if implied), by which it is shaped. The Author argues that the shape of the actual globalisation is illiberal, because the rules governing it are illiberal and they are not even useful to avoid the decline of the global market towards an oligopolistic one. The Author emphasises the influence of the WTO and remarks the non democratic creation of the rules. The Market and the Global Market Lords overpower the States and, therefore, the Politics declines. On the other hand, the Iraqi (and the Afghani) wars are the consequence of this kind of globalisation and have to be considered as a result of the imperialist view, and consciousness, of the US government. Coming to the «propositional part» of his speech, the Author indicates some principles and, on the basis of these principles, shows the solutions for some exemplary concrete problems: the problem of the water provision (which cannot be left to the business rules); the problem of the polluting licence obtained by paying money, etc.; the problem of the limits of the majority powers in any democratically organised social body, be it a national State, be it an international or a supernational organisation. At the end, the paper records the Nassiriya declaration as ab evidence of the need of the Primacy of the law in any State, whatever organised, and mentions the Encyclical letter of Pope Giovanni XXIII Pacem in terris as a declaration of the globalisation’s juridical principles. It is therefore required that ONU, popular parties, intellectual and Universities take the responsibility to giving to globalisation a human face.