«Non intratur in veritatem nisi per caritatem». Rosmini filosofo del diritto nella lettura di Capograssi e Piovani

Abstract

This paper compares Giuseppe Capograssi and Pietro Piovani’s interpretations of Rosmini’s Philosophy of Right. According to Rosmini, the entire question of right is contained within the concept of person. Capograssi considers this identification of ‘person’ with ‘right’ to be the most original aspect of Rosmini’s philosophy of right: the power of an indi-vidual life, through its activity, becomes the source of subsistent right. Emotions, enjoy-ment and personal intimacy are therefore at the root of juridical life. The characteristics of legal institutions can be traced back to the vital reality of individual personal lives. It is because they are free that people connect things with themselves. Thus Piovani considers the historicity of the juridical experience to be what best validates it as the crux of a moral philosophy that seeks to perceive the ideas within the ethos of a society.