Non la realtà si deve – dal giurista – subordinare al concetto, ma questo a quella. Sulla necessità come fonte.
Echi romaniani e applicazioni odierne di una teoria

Giovanni Tarantino296-307

Abstract: On Necessity as a Source. Romanian Echoes and Today’s Applications of a Theory.

In the doctrine of Santi Romano, two theories were accepted as a priority: that of the institution and that of the plurality of legal systems. On examining, however, not only the main writings of this author, but also his minor writings, the doctrine has realized, over time, that these two theories must be considered in a tripartite unity which also includes another theory proposed by the Palermo’s Master, that is, the theory of necessity. Necessity as a source which, connected by the author to the social conscience, is already a law, which the legislator then discovers, declares and makes public, and translates into norms of positive law. This also applies to emergency regulation, and so it was also for the regulations put in place in Italy to combat the current pandemic.