Per un’interpretazione del diritto in armonia con le mutevoli esigenze dei tempi. L’intuizione di Francesco Carnelutti

Jessica Mazzuca358-371

Abstract: For an Interpretation of the Law in Line with the Changing Needs of the Times. The Intuition of Francesco Carnelutti
This article describes one aspect of Francesco Carnelutti’s thought. In particular, it focuses on how the Italian legal advance in the twentieth century, between modern and postmodern, highlights a meta-juridical approach in the reconstruction of the concept of law and the role of legal interpretation. It is a mature Carnelutti, who makes us participate at the same time in the hesitations of a passing time and in the enchantment that is revealed in the eyes of a jurist who, without the artificial reductionisms of modern thought, reflects and listens, in his autonomy, what the text says. Thanks to the need to leave behind the claimed conquests of abstraction and purity of law to rediscover an expansive charge that has roots in the depths of social life. And, with the advantage of escaping an exclusively technical figure.

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