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Persona, diritto, Stato nelle prime due monografie penalistiche di Aldo Moro (Introduzione), in Edizione Nazionale delle Opere di Aldo Moro, Sezione II, Opere Giuridiche, Vol. 1, Le prime monografie (1939-1942), a cura di Luciano Eusebi (edizione e nota storico-critica di Caterina Iagnemma)

Translated title of the contribution: [Autom. eng. transl.] Person, law, state in the first two criminal law monographs by Aldo Moro (Introduction), in the National Edition of the Works of Aldo Moro, Section II, Legal Works, Vol. 1, The first monographs (1939-1942), edited by Luciano Eusebi (edition and historical-critical note by Caterina Iagnemma)

Research output: Other contribution

Abstract

[Autom. eng. transl.] the Introduction in question aims to situate the monographs by Aldo Moro 'The criminal juridical capacity' (1939) and 'The subjectification of the penal law' (1942) in the criminal law debate of the time in which they were drafted, underlining the elements of fruitfulness with respect to to the future, especially as a premise for the recognition of the principle of guilt and for the construction of a theory of crime of a liberal matrix and no longer influenced by the axioms of the totalitarian state. It is clear that some profiles of Aldo Moro's criminal contribution are still current, as, up to now, they have not been adequately implemented. The first volume offers a broad and documented investigation into the criminal legal capacity, understood as a "basic requirement of every subjective legal situation (rights and obligations)". By making a careful comparison with other criminal categories, the Author outlines, in particular, the systematic positioning of the aforementioned notion and "its contribution to the clarification of the fundamental problems of criminal law". The second monograph analyzes the phenomenon of the subjectivation of the penal norm, understood as "the process by which the norm passes from an abstract way of being to a concrete way of being". Therefore, the subjective legal situations that characterize the phase before and after the commission of the crime are described: both with regard to individuals and towards state institutions.
Translated title of the contribution[Autom. eng. transl.] Person, law, state in the first two criminal law monographs by Aldo Moro (Introduction), in the National Edition of the Works of Aldo Moro, Section II, Legal Works, Vol. 1, The first monographs (1939-1942), edited by Luciano Eusebi (edition and historical-critical note by Caterina Iagnemma)
Original languageItalian
Publication statusPublished - 2022

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Aldo Moro penalista
  • capacità giuridica penale
  • potestà punitiva dello Stato

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