Apresentação do tradutor
Autor | Francesco Carnelutti |
Ocupação do Autor | Advogado e jurista italiano |
Páginas | 7-9 |
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Carnelutti declara que, na viagem para a Argentina, quis fazer exercício escrito da língua espanhola e que depois resolveu desenvolver tratando o assunto deste livro, que foi original-mente escrito em espanhol.
Carnelutti, excelente escritor no campo do direito, nesta obra entrou no campo filosófico e especulativo, entendendo-se por “especulativo” o exame interior do indivíduo na forma mais profunda possível e, dissemos especulativo, dando a este termo a origem latina de speculum (espelho), ver, espelhar o que está dentro.
Entusiasta da matéria penal, estudou o relativo direito, com paixão e interesse, e entrou no campo nebuloso do espírito humano, procuran-
Page 8
do pôr em luz aspectos individuais, generalizando-os a todos os inquilinos das prisões e aos nãoinquilinos.
Mistura, com uma análise toda particular, a arte no sentido clássico da expressão (pintura, escultura, música, poesia, literatura, etc.) com a arte de quem emite uma lei.
O legislador escreve uma lei que deverá ser obedecida, caso contrário, transgredindo-a, incorre-se na pena, portanto ele pensa e analisa a conduta do homem na sociedade para permitir a convivência pacífica entre os indivíduos. Nessa tarefa jurídica, o legislador é frio, nele domina o rígido espírito da lei que, como se costuma dizer, é cega. O legislador pensa com o cérebro e escreve sem emoção. Dura lex, sed lex.
O artista sente com a alma, com o...
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Os assinantes podem ver as versões revisadas da legislação com emendas
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