La costituzione materiale e il compito dei giuspubblicisti oggi. Giuseppe Guarino e il "nuovo" diritto pubblico

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Abstract

What makes Guarino’s figure so fascinating is the multiplicity of his interests, combined with the long activity of his life as a jurist, which ensure that there is not, just one Guarino, but as many as there are seasons and events that he has found to investigate with the strength of reason, clarity, objectivity, combined with a rigorous method of investigation that dissolves into an inexhaustible constructive fantasy. His thought is to separate time between a before and an after, producing a clear discontinuity with the past and creating new perspectives for the future.This essay wants to investigate two central points in Guarino's reflection: the costituzione materiale and the task of jurists. His speech starts, in a certain sense, when everything is now to be built: that is, in the aftermath of the gigantic tragedy of the Second World War. The "postwar" has confronted scholars of public law with the reality of a structure which, however, is always the expression of certain ideas and certain interests, as they are asserted by certain political forces. Guarino starts from this point, from the awareness that every community gives life to an order that is expressed in a system of rules and at the same time in a system of relationships, but that we must not stop at formal data alone. In Guarino's thought, the way that solidly roots the figure of the jurist in human society and history lies in the ability to stretch out on reality and consider oneself a participant in the construction of the legal system. It is up to subsequent generations of jurists to collect not only a cultural legacy of extraordinary richness, but also, and I would say more than anything else, the example of a jurist informed by the sense of trust in institutions and in man
Lingua originaleItalian
pagine (da-a)514-536
Numero di pagine23
RivistaRIVISTA AIC
Stato di pubblicazionePublished - 2021

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