Sulla “vocazione” filosofica di Francesco Carnelutti: una costante ricerca del fondamento del diritto attraverso la teoria generale e la metodologia

Abstract: On Francesco Carnelutti’s Philosophical “Vocation”: a Constant Search for the Foundation of Law Through General Theory and Methodology
Carnelutti is and remains a scholar of positive law; his work is undoubtedly animated by a theorical structure that he never manages to overcome, even though he feels its limits. Carnelutti’s greatness, then, lies in his foundational anxiety: in the need he feels to find a foundation for the positive legal system. The effort yields him an almost unique result in the empyrean of positivists: he comes to find the foundation of law in morality and the truth of faith. This is significant and praiseworthy, but it is insufficient and deficient on the ontological level: the foundation of law, in fact, lies within it, or rather at its base: in justice, and it is the task of the jurist to discover it in the natural order of things.