Il tortuoso itinerario di Francesco Carnelutti dal giuspositivismo al giusnaturalismo

Abstract: The Tortuous Itinerary of Francesco Carnelutti from Legal Positivism to Natural Law
The essay attempts to reconstruct the tortuous and uncertain itinerary of Francesco Carnelutti from legal positivism to natural law. Carnelutti has constantly sought the foundation of law, the Archimedean point, not conventional, of the legal system. Despite the noble commitment profuse, he absolutely failed in its intent. However, he placed to the jurists questions that they can neither evade nor circumvent. His need of the soul made him continually swing between Scilla (the positive law, considered valid because it is in force) and Charybdis (the right considered as justice, overcome, in turn, in love). The juridical questions posed by Carnelutti challenge intelligence of the common man, of the legislator and the jurist, as well as of the operator of the right. They are, therefore, questions that require answers that make it possible to grasp the legality itself and the legitimacy of the normative imperative.