《ITALIAN STUDIES IN LAW VOLUME II》

Articles3

Legal Absolutism and Private Law in the XIX CenturyPaolo Grossi3

1. The Positive and Negative Sides of Codification3

2. The Lawyer from Interpreter to Exegetist6

3. Reaction to Legal Absolutism in Italy12

Costantino Mortati: A Founding Father of Italian DemocracyGustavo Zagrebelsky17

1. Questions of Method17

2. Approaching Mortati19

3. Constitutional Evolution22

4. Towards Social Democracy26

5. The Concept of Law29

6. Intermediate Bodies in the Social State32

7. a) The Person32

8. b) Intermediate Communities37

9. c) The State42

10. Conclusions on the Method47

Law and the New Frontiers of Human LifeFrancesco D. Busnelli53

1. Analysis of the Topic53

2. The Myth of Legal Imperialism54

3. The Collapse of the Myth58

4. The Exaltation of Modern Individualism59

5. The Problem of Incompetent Patient63

6. The Abortion Revolution in the U.S.A.65

7. European Trends68

8. Constitutional Courts Decisions71

9. The Illusion of Compromise73

10. "Reinstate the Aims of Life in Law and Law in the Aims of Life"76

Codes and Constitutions in Civil LawAntonio Gambaro79

1. Foreword79

2. The Historical Development of the Idea82

3. Property Rights as the Core of the System86

4. The Legal Protection of Property Rights90

5. Civil Codes and Their "Weak" Political Meaning97

6. Constitutions and Their "Strong" Political Meaning99

Administrative Transparency and Law Reform in ItalyGregorio Arena105

1. Foreword105

2. The Concept of Administrative Transparency106

3. A New Legitimacy for Administration112

4. Freedom of Information after Law no. 241 of August 7, 1990117

5. Subjective Profiles of the Right of Access to Administrative Documents119

6. The Object of the Right of Access125

7. The Interests Protected through Limitations of Access128

8. The Deferment of the Right of Access132

9. Procedures for the Application of Exemptions135

10. Analysis of the Exemptions139

Appendix: Law no. 241 of August 7, 1990 (excerpts)142

The New Italian Code for Criminal Procedure. A Concise OverviewVittorio Grevi145

1. Origins and Aims of the Reform Carried Out by the New Code145

2. Returning the Public Prosecutor to His Role-as-a-Party147

3. From the "Investigation Judge" (Giudice Istruttore) to the "Judge for the Preliminary Investigations" Giudice per le Indagini Preliminari)150

4. The Taking of Evidence152

5. The Preliminary Inquiries156

6. The Preliminary Hearing161

7. The Immediate Judgment, the Shortened Judgment and the Enforcement of the Sentence at the Request of the Parties164

8. The Outcome of the Proceedings Made in the Preliminary Phase and the Content of the Trial File166

9. The Hearing of the Trial169

10. Final Remarks174

Culpability and Ignorantia Legis in the Italian Legal System: A Dual Concept in EvolutionFrancesco C. Palazzo179

1. Foreword179

2. Ignorantia Legis and the Laws180

2.1. Ignorantia Legis in the Penal Code180

2.2. Ignorantia Legis in Statutes Different from the Code and in the System of Administrative Sanctions181

3. Case-Law about Ignorantia Legis182

3.1. Exceptions and Mitigation to Absolute Refusal of the . Defence of Ignorance of Criminal Law ("Good Faith in Petty Offences" and "Awareness of the Offensive Nature of the Act")183

3.2. Practical Disownment of Defence of Mistake about "Non-Criminal" Law184

4. Culpability and Ignorantia Legis185

4.1. The Concept of Traditional Legal Scholarship185

4.2. The New Constitutional Foundation of Culpability and the Movement in Legal Scholarship for Going Beyond Absolute Refusal of the Defence of Ignorantia Legis186

5. Ignorantia Legis and the Constitutional Court189

5.1. From Statutory Indifference for the Problem of Ignorantia Legis to Change in the Decision of the Constitutional Court no. 364/1988189

5.2. The Fundamental Content of the Decision of the Constitutional Court no. 364/1988191

6. Agreed Points and Open Questions on Ignorantia Legis194

6.1. The Psychic Nature of Relevant Ignorantia Legis: Ignorance, Mistake, Doubt194

6.2. The Object of Ignorantia Legis: "Generic" or "Criminal" Unlawfulness195

7. Evitability of Ignorantia Legis: Culpability Among Psychic Processes and Normative Models197

7.1. The Evitability of Ignorantia Legis Through Legal Information199

7.2. Possibility to Require Legal Information200

Liability for Launching Space Objects. Uniform Law and Internal Italian LawGabriele Pescatore203

1. The International Convention of 1972 and the Italian Act no. 23 of 1983203

2. Constituent Elements of Liability for Launching Space Objects204

3. Limits of Liability205

4. Bases of Launching State's Liability206

5. Comparison Between Launching Space Objects Liability and Pollution Liability207

6. Interests Involved in Liability for Launching Space Objects209

Comparative Analysis of the Provisions Concerning Taxation in the Constitutions of the United States and ItalyCarlo Garbarino211

1. Foreword211

2. The Features of the Interaction216

2.1. The Principle of "No Taxation Without Representation"216

2.2. The Theory of Judicial Review Applied to Tax Matters218

2.3. The Principle of Ability to Pay219

2.4. The Judicial Protection of Taxpayers225

3. The Idea of a "Fiscal Constitution"227

Abstracts231

Contents of the 1 st Volume of Italian Studies in Law237