Un antico dibattito: Ferrara 1932: il secondo Convegno di studi sindacali e corporativi

Martone, Michel (2006) Un antico dibattito: Ferrara 1932: il secondo Convegno di studi sindacali e corporativi. In: Diritto del lavoro: i nuovi problemi: l'omaggio dell'Accademia a Mattia Persiani. Cedam, Padova, p. 493-518. ISBN 88-13-26127-6.

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The paper is devoted to the historic reconstruction of the origins of an old division between “privatistic” and “publicistic” scholars of trade unionism. The first part is dedicated to the analysis of the rise of this division in the beginning of the ’20s when, confronted with the explosion of collective conflict and the subsequent crisis of nineteenth-century legal systems, two antithetical models governing the relations between state and society started to delineate in continental Europe: the liberal model, of a distinctly privatistic nature which emerged in France, Germany, Austria and Switzerland, and the totalitarian model, of publicistic nature, establishing in Italy and later spread all over the continent during the ‘30s. The second part of the essay, instead, gives details on the debate taking place in Italy at the beginning of the ‘30s when, right after the institution of the National Council of Corporations, a heated debate took place on the fortunes of the corporatist ideal which was supposed to characterize its evolution in the strictly fascist view. This debate reached its peak during the second conference on trade unionist and corporatist studies, which took place in Ferrara from 5th to 8th May 1932. During the conference, the most authoritative doctrine of the time got divided into “privatistic”, proponent of the “logic of distinction”, and “publicistic” who supported a corporatist evolution of the fascist system. In this perspective, the paper deepens the features of the confrontation through an analysis of the ideas brought forward by Arnaldo Volpicelli and Ugo Spirito, champions of the totalitarian logic, who launched the famous theory on “property corporation” right on that occasion, and the ideas expressed by Santi Romano and Francesco Carnelutti, interpreters of the “logic of distinction” and thereby of the primacy of private law. The conclusions are dedicated to an analysis of the reasons which led, in post-World War II times and thank to the constitutional recognition of trade union freedom, to the establishing of private law as tool of choice for the regulation of trade unionism.

Item Type: Monograph Section
Research documents and activity classification: Book Sections > Monograph's chapters
Divisions: Department of Law
Uncontrolled Keywords: Fascismo, totalitarismo, sindacato, contratto collettivo, diritto pubblico, diritto privato, anni ’30, secondo convegno di studi sindacali e corporativi, Ferrara, 1932, Francesco Carnelutti, Ugo Spirito, corporazione proprietaria, Santi Romano, Arnaldo Volpicelli, corporativismo, disciplina del fenomeno sindacale, Mussolini, autonomia sindacale, storia del diritto, Michel Martone, sciopero, Lavoro, Legge, Contratto, autonomia sindacale
MIUR Scientific Area: Area 12 - Law > IUS/07 Labour Law
Deposited by: Michel Martone
Date Deposited: 16 Feb 2013 11:33
Last Modified: 21 Apr 2015 23:15
URI: http://eprints.luiss.it/id/eprint/1178


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