In celebrating Luigi Mengoni as one of the eminent jurists of the second half of the past century, the idea which in a complete way expresses his importance is that of modernity. This does not mean that Mengoni was an avant-garde jurist. He is modern in the sense that, open to what is new, he interprets his task as that of providing the possibility for what is new of survival beyond the historical moment of its appearence. This way is that of inserting the new in the cultural context, contributing in turn to bring this up to date. Mengoni applies this method when he works in typical private law topics, as that of liability for non performance or more in general on obligation, as well as when investigating territories closer to general theory of law like that of general clauses or of relationship between law and other fields of culture. Thus in exploring the relevance of technique from the perspective of law, he arrives at the question of law and morals, asserting that a law completely detached from morals ends up being a normative discourse merely ancillary to technique.

Castronovo, C., Il significato vivente di Luigi Mengoni nei suoi scritti, <<EUROPA E DIRITTO PRIVATO>>, 2012; (I): 203-228 [http://hdl.handle.net/10807/61572]

Il significato vivente di Luigi Mengoni nei suoi scritti

Castronovo, Carlo
2012

Abstract

In celebrating Luigi Mengoni as one of the eminent jurists of the second half of the past century, the idea which in a complete way expresses his importance is that of modernity. This does not mean that Mengoni was an avant-garde jurist. He is modern in the sense that, open to what is new, he interprets his task as that of providing the possibility for what is new of survival beyond the historical moment of its appearence. This way is that of inserting the new in the cultural context, contributing in turn to bring this up to date. Mengoni applies this method when he works in typical private law topics, as that of liability for non performance or more in general on obligation, as well as when investigating territories closer to general theory of law like that of general clauses or of relationship between law and other fields of culture. Thus in exploring the relevance of technique from the perspective of law, he arrives at the question of law and morals, asserting that a law completely detached from morals ends up being a normative discourse merely ancillary to technique.
Italiano
Castronovo, C., Il significato vivente di Luigi Mengoni nei suoi scritti, <<EUROPA E DIRITTO PRIVATO>>, 2012; (I): 203-228 [http://hdl.handle.net/10807/61572]
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/10807/61572
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