LA LOTTA PER L’UGUAGLIANZA: L’ITINERARIO PERCORSO DA LODOVICO MORTARA NELLA “PROLUSIONE PISANA” DEL 1889

The prologue to the Constitutional Law course entitled ‘The Struggle for Equality’ given by Lodovico Mortara at the University of Pisa for the academic year 1888/89, offers a contribution to Constitutional reflections, to the general theory of law and political science, and also provides a framework for the evergreen debate on inequality. This article will identify the reasons that prompted Lodovico Mortara in his Pisan lecture to identify the different areas of scientific reflection in the legal field, allowing the interpreter to contrast the ‘apoliticality’ and ‘stability’ of the private law field with the ‘political’ and ‘dynamicity’ of the constitutionalist field. Lodovico Mortara also argues that constitutional law encompasses not only the study of fundamental concepts of public law, but also the examination of Italian political institutions and the way they function, in comparison with those of other major states in the world. The further itineraries of this essay will be aimed at determining the motivations that do not allow the principle of equality in law to realize equality in fact, also offering a contribution to scholars in the interpretation of Article 3 of the Italian Constitution of 1947. Equally relevant will be the analysis aiming to verifying the actual realization of the principle of equality in certain activities carried out by Lodovico Mortara, as a judge and as a politician.