Studi di diritto processuale civile nella Facoltà giuridica romana tra Ottocento e Novecento

The essay on Studi di diritto processuale civile nella Facoltà giuridica romana XIX e XX secolo, in Historia et ius. Rivista di storia giuridica dell’età medievale e moderna, 2013, n.4, pp. 1-36; ISSN 2279-7416 - Peer Review - focuses on the teaching of civil procedure in the Faculty of Law of Rome in the late 19th century and early 20th century. The historical analysis of the procedural institutions as opposed to the so-called “exegetical interpretation” (i.e. interpretatio) marked out the course of its studying. By the means of the reasoning relating to the so-called Savigny’s historicism and - to a minor extend – to the legal socialism, it made significant contributions to the reform of the civil procedure code of 1865 that turned out to be natural and consequential. Later on, the reaction of the legal teaching to the dictum of the unitary lawgiver played a more significant and incisive role in the theoretical elaboration of civil proceedings which had to be antagonist to the liberal "construction" given by the code of 1865. In those days, its comments regarding the choices made by the unitary lawgiver, carried out a project of the civil proceedings code which was mainly based on dogmatism and turned out to be unique in the panorama of Italian legal culture. That project, which was the result of historical studying of the procedural institutions, of social aspects of legal phenomena and an attempt to conceptual elaborations, did not turn out to come into force as a mandatory law and was left a collection of proposals.