Arte, diritto e fatto in Francesco Carnelutti

Ciro Palumbo399-409

Abstract: Art, Right and Fact in Francesco Carnelutti
In these pages “right” is referred to art through the studies of Francesco Carnelutti. The creative dimension, specific to the human, in which truth and beauty represent the propositional horizons of all “making” is discussed. The form of law, that is, the norm, is approached with the same reflections that in art refer to the non-visible, to a movement that structures its textual institution, between facets and interpretations, a dimension in which justice also moves. In the same vein as pictorial, photographic or musical, the theme of the non-integral completeness of forms is attempted when they are meant to tell of a concept, as of right. Through the reflection of right as art, a comparison is possible between the lexical plane of the normative system, which stands still, and the reflexive plane of juridicality, that plane which moves the establishment of normativity, which is in motion and which sets in motion what is textually still. Right as art opens to juridical interpretation; right is art affirms the core of the philosophy of the right. From the theme of movement and beyond, the dimension of interpretive activity is discussed and the difference between fact, fact-movement, juridical fact, juridical situation and case is approached. With specific attention to the human person, the approach between existence and ius, beyond the forms of normativity.