The main objective of the ruling class committed to complete the “Italian unification” (Risorgimento) was to translate the unit in legislative unification: rejection of “unity in diversity”, compression of the autonomies, development of a strong central government (at least on paper) and of a capillary diffusion of the bureaucratic apparatuses in the periphery, which showed up as mandatory choices to overcome particularisms and municipal interests, to “impose unity,” to give the same form to institutions, to prevent returns to the past. Beyond the effective power of centralism, the legislative unification imposed by the legislation showed up as logical development of Unity, as its “supplement” and “guarantee”. Finally overcoming the divisions and privileges of small regional homelands, the Italian State as a new sovereign entity able to “embody national unity in the laws” imposed – by “supreme and fatal necessity” – an institutional form and civil coexistence rules that ultimately were uniform for all Italians. The relation between Unity and legislative unification as such, however, was much more complex than what arose from the realistic view of the need to give Italy at last a common law and prevent recurrences of political and legal fragmentation of the past.
CÓDIGO CIVIL E NAÇÃO: DO “RISORGIMENTO” AO OCASO DO ESTADO LIBERAL
CAZZETTA, Giovanni
2015
Abstract
The main objective of the ruling class committed to complete the “Italian unification” (Risorgimento) was to translate the unit in legislative unification: rejection of “unity in diversity”, compression of the autonomies, development of a strong central government (at least on paper) and of a capillary diffusion of the bureaucratic apparatuses in the periphery, which showed up as mandatory choices to overcome particularisms and municipal interests, to “impose unity,” to give the same form to institutions, to prevent returns to the past. Beyond the effective power of centralism, the legislative unification imposed by the legislation showed up as logical development of Unity, as its “supplement” and “guarantee”. Finally overcoming the divisions and privileges of small regional homelands, the Italian State as a new sovereign entity able to “embody national unity in the laws” imposed – by “supreme and fatal necessity” – an institutional form and civil coexistence rules that ultimately were uniform for all Italians. The relation between Unity and legislative unification as such, however, was much more complex than what arose from the realistic view of the need to give Italy at last a common law and prevent recurrences of political and legal fragmentation of the past.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
