Darwinismo, storicismo, socialità. La «nuova tendenza» di Giuseppe Vadalà-Papale

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Abstract

[automatically translated] The last two decades of the nineteenth century is the setting for an intense phase of renewal of the Italian legal science, stimulated by economic and social consequences of industrialization and the redefinition in the sociological sense of the scientific-disciplinary framework. Since 1881 Giuseppe Vadala-Papale, civil lawyer, sociologist and philosopher of law, starts a thoughtful itinerary paradigm, in which the question of the method forms the core of a critical comprehensive rethinking: the gap between the law and reality, between the individualistic figure of the codes and the associative tendencies of industrial society, becomes an opportunity to rediscover the historical and social dimension of the legal phenomenon, to reconfigure the picture of the sources, to re-found the epistemological status of the jurist, to propose a series of concrete solutions for a key in transforming the solidarity aspect of private law. Are the foundations of a social address from which in the following decades would take the form, in Italy and in Europe, innovative trends, variously connoted by historicist motifs, organicist, evolutionary and sociological.
Original languageItalian
Pages (from-to)583-626
Number of pages44
JournalQUADERNI FIORENTINI PER LA STORIA DEL PENSIERO GIURIDICO MODERNO
Volume41
Publication statusPublished - 2012

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