The article reconstructs Francesco Carnelutti’s thought according to which the legal activity has an artistic character. Law has to do with justice, which can be obtained by applying the legal norm to the fact, transforming the abstract into the concrete. This is linked to Carnelutti’s reflection on judicial judgment and interpretation. They require an inventive act. Law is an art aimed at ordering social relations. In this sense, it requires the ability to concretely find the right relationship between individuals. The interpreter is the architect of the right law in the concrete case. Judgment serves to establish what is right. The pursuit of justice is the purpose of law.

La giustizia e l’arte del diritto

PASTORE, B.
Primo
2023

Abstract

The article reconstructs Francesco Carnelutti’s thought according to which the legal activity has an artistic character. Law has to do with justice, which can be obtained by applying the legal norm to the fact, transforming the abstract into the concrete. This is linked to Carnelutti’s reflection on judicial judgment and interpretation. They require an inventive act. Law is an art aimed at ordering social relations. In this sense, it requires the ability to concretely find the right relationship between individuals. The interpreter is the architect of the right law in the concrete case. Judgment serves to establish what is right. The pursuit of justice is the purpose of law.
2023
Pastore, B.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11392/2512350
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