La teoria del diritto di Costantino Mortati

[automatically translated] In this paper I propose a complete and systematic reconstruction of the theory of the right of Costantino Morta. The reconstruction is led by the following assumed interpretation. The thirties up to the constitution in the material sense of 1940, Mortati being designed and its original categories of voluntarist mold making direct and almost exclusive reference to the phenomenon of the "modern state". In later works, however, through a work of abstraction and explication (whose results are collected in the institutions of public law and in lessons on governance), Mortati will progressively isolating fragments of a much more ambitious theory of law as a theory of 'voluntary order of human action, or "legal system". The state at this point, It will be expressly considered as a type, not at all necessary, legal system; all processing developed about the famous notion of materially constitution will become more and more evidently more general categories of exportable applications to the analysis of legal systems of different types. They will show, in fact, as applications of a very general fundamental thesis: there is right where there is an effective and stable will to form; where someone intends to permanently give a certain order to the human reality, and you succeed. exportable to the analysis of legal systems of different types. They will show, in fact, as applications of a very general fundamental thesis: there is right where there is an effective and stable will to form; where someone intends to permanently give a certain order to the human reality, and you succeed. exportable to the analysis of legal systems of different types. They will show, in fact, as applications of a very general fundamental thesis: there is right where there is an effective and stable will to form; where someone intends to permanently give a certain order to the human reality, and you succeed.