The dilemma between principle of legality and new social justice in Piero Calamandrei’s thought

Author/s Brando Mazzolai
Publishing Year 2014 Issue 2014/275
Language Italian Pages 8 P. 348-355 File size 93 KB
DOI 10.3280/IC2014-275008
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The A. conducts an examination of Calamandrei’s defence of the legality principle and the certainty of law at a time when the Fascist regime would infringe the most elementary human rights, though apparently respecting the terms of the law. If in a lecture delivered in 1940 he appealed to legality as the sole bastion against the theories of free Right, in his "Notes on the concept of legality", written during the exile at Concello, Umbria, in the winter 1943-1944 and today held in the Piero Calamandrei Archive by the Montepulciano municipal library, there emerge both a sentiment of social justice and a quest for a right no longer mere means of the regime violence. The preparatory papers for the unpublished essay "The moral value of legality" makes explicit his intention to denounce the mystification of the law perpetrated by Fascism.

Keywords: Fascism, free Right, legality principle, certainty of law, social justice, Piero Calamandrei Archive at Montepulciano

Brando Mazzolai, Il dilemma fra principio di legalità e nuova giustizia sociale in Piero Calamandrei in "ITALIA CONTEMPORANEA" 275/2014, pp 348-355, DOI: 10.3280/IC2014-275008