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oapen-20.500.12657-561402022-06-02T03:22:47Z Chapter «Al privato onesto un'arma legittima». Per una genealogia della legittima difesa tra il moderamen inculpatae tutelae e la difesa legittima del diritto penale fascista Siciliano, Domenico Self-defence liberal criminal law Fascist criminal law Francesco Carrara Vincenzo Manzini Arturo Rocco Alfredo Rocco deadly self-defence in the protection of property philosophy of criminal law The contribution is meant to reconstruct the crucial passage from the ‘liberal’ conception of self defence (e.g.: Carrara) to that of the Positive School (for all: Fioretti), which was further articulated by Fascist criminal legal doctrine (Manzini, the Rocco brothers) and imposed with the Italian penal code of 1930. The former conception, in the wake of Beccaria and his thematisation of crime as a political and social problem, does not fundamentally allow the deadly self-defence in the protection of property. For the latter, the ‘subjects’ have a ‘right’ to defend their property, and with it society, even by deadly force. The contribution highlights the partially dissonant voice of the Court of Cassation, which in one opinion reminded the Fascist state the intrinsic weakness of such a conception 2022-06-01T12:14:46Z 2022-06-01T12:14:46Z 2020 chapter ONIX_20220601_9788855182027_323 2704-5919 9788855182027 https://library.oapen.org/handle/20.500.12657/56140 ita Studi e saggi application/pdf Attribution 4.0 International 15501.pdf https://books.fupress.com/doi/capitoli/978-88-5518-202-7_5 Firenze University Press 10.36253/978-88-5518-202-7.05 10.36253/978-88-5518-202-7.05 bf65d21a-78e5-4ba2-983a-dbfa90962870 9788855182027 216 55 Florence open access
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The contribution is meant to reconstruct the crucial passage from the ‘liberal’ conception of self defence (e.g.: Carrara) to that of the Positive School (for all: Fioretti), which was further articulated by Fascist criminal legal doctrine (Manzini, the Rocco brothers) and imposed with the Italian penal code of 1930. The former conception, in the wake of Beccaria and his thematisation of crime as a political and social problem, does not fundamentally allow the deadly self-defence in the protection of property. For the latter, the ‘subjects’ have a ‘right’ to defend their property, and with it society, even by deadly force. The contribution highlights the partially dissonant voice of the Court of Cassation, which in one opinion reminded the Fascist state the intrinsic weakness of such a conception
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15501.pdf
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15501.pdf
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15501.pdf
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| title_full |
15501.pdf
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15501.pdf
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15501.pdf
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15501.pdf
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Firenze University Press
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2022
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https://books.fupress.com/doi/capitoli/978-88-5518-202-7_5
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1771297558813999104
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