Ancora oggi «History involves comparison» e viceversa. Marina Timoteo in dialogo con Paolo Grossi in «Grammatiche del diritto»

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Abstract

The volume written by Marina Timoteo «Grammatiche del Diritto» bears a sub title «In dialogo con Paolo Grossi» which tells the whole story of how it was conceived and to what purpose. In fact, the Author has suc-cessfully sought to assert and fortify a number of relevant issues and related principles by way of a well conducted interview with one of the most eminent legal scientists in Italy, former Emeritus Professor of History of Law as well as Emeritus President of Corte costituzionale. In it one can find the most challenging and characteristic features of Italian Law, as it has been develop-ing from the Middle Ages through to the contemporary European scenario. Because it is history, as it has been made by single human beings and their deeds, that is a natural ingredient of the legal phenomenon with which it binds in order to give the reader a complete glimpse of what has happened in the legal world over the centuries. And this is also, according both to Ma-rina Timoteo and Paolo Grossi, a distinguishing factor of all comparative researches which, from Maitland on to Gorla in Italy, mutually imply history and comparison. All along the stimulating interview one can find a common thread which turns out to be the guiding light of the reflections made by the two participants in the dialogue, i.e. the attempt to try and find the most pro-found changes in the legal world originated in Europe by the gradual transi-tion from the Middle Ages, when ius commune europeum flourished, to the contemporary age. This is described by mutual agreement between Timoteo and Grossi as, on the one hand, being characterized by the prevalence of Statute law in Continental law, and, on the other hand, by the growing gap dividing the latter and the English common law, still faithful to its customary origins. The fruitful dialogue flows on to reach the conclusion that today in Europe there is a strong need to share a number of founding principles in order for values different from the pursuit of profit and aiming at solidarity to affirm themselves.
Original languageItalian
Pages (from-to)793-804
Number of pages12
JournalCOMPARAZIONE E DIRITTO CIVILE
Publication statusPublished - 2021

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