Nel segno dei tempi. Marchi persone e cose dalla corporazione medievale all'impresa globale

Research output: Book/ReportBook

Abstract

[automatically translated] The book, which appeared in the Florentine necklace for History Studies Center of Modern Legal Thought, reconstructing, along a historic route that runs from the Middle Ages up to the age of the global market, the nature, the function and purpose of the signs, those corporate to those of company, from insignia of nobility to the domain brands. The consideration of a time span so wide it possible to highlight how different were the uses of the mark, revealing unknown relationships between the person signs and marks on the thing and dispelling the myth of a ' "ontological" existence of the mark on the product. Through the brand, "Factory" before "business" after, in fact, the law gives the holder the opportunity to mark their products, regardless of their quality and of their origin, and to spread, in so doing, their fame, in an attempt to implement their application, and to increase, along with it, the profit. In this sense, the mark must be attributed to the reasons of the free market, the needs of that arena, figuratively, in which entrepreneurs are invited to compete, one against the other, it is now free of the class controls and links corporate, but more and more intent on promoting their product to view prevail over that of others. With the result, obviously, that the mark, in the familiar sense in which we are accustomed to understand it, it's right to exist only in an economic model of liberal-competitive one, in mass production time and individualistic society, and it is only when that model has also become a well-defined historical type and consolidated that the testimonies of the mark may have come to mean "the product hallmark." Of this passage, in fact, we see the beginning with certain transformations of the Industrial Revolution and the French Revolution, the ideas of economic liberalism and the set-theoretic conception of a space in which they move individuals - not classes or orders or corporations - but if brings out its full fruition only with capitalism of the twentieth century, with the corollaries of the free market, the shift from individualism to that of the owner of the entrepreneur, the firm's centrality in the legal system and in the reflections of legal science. Between the late Middle Ages and the modern age end, however, in the presence of strongly characterizing, individual signa conditions realized other interests, the use of mark - things, goods, animals, men - said to instances of an entirely different nature than the competitive, mainly originating from corporate considerations, dominicale , family, ethics, journalism. The individual signa the old regime, more precisely, had this as a common denominator, to be personal signs, to serve to bring an asset to a person, or at least to a person (then also a company), which then would have taken from this function the utility that more needed, or, more likely, all possible utilities: domain presumption, exposition of the race, a symbol of grandeur, of authenticity certification, claim their own quality manuals, moral, intellectuals. But these signa, especially, seem designed, in legal terms, as part of a homogeneous system, a compact dogmatic framework, in which the sign on what floats "with impunity" in one sea with the right to a name, the right copyright, personality rights, rights to intangible assets. The clearest picture of this fabric interrelational, in which figures and institutions for us several appear closely related to each other, is offered by the Treaty De insigniis et armis, probably written between personality righ
Original languageItalian
PublisherGiuffrè
ISBN (Print)88-14-12147-8
Publication statusPublished - 2005

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