Fiammetta Balestracci - Il nazismo e gli storici italiani dopo il 1989. La questione della violenza
After the fall of the Berlin wall and the reconfiguration of the international political equilibrium historians had to find answers to the newly arisen questions posed by the history of the 20th century. The disappearance of the Soviet Union, followed in Italy by the disappearance of the communist party, has doubtlessly contributed in recalling the attention of historians to a century of violence, and in this respect the model of Nazi violence – now situated in a new comparative dimension – has taken on a new heuristic value. This can be registered over the course of a decade, the 90s, in the realm of the debate on totalitarian regimes grounded on violence and ideology; in the desired recovery of genocide by historians as the symbol of a no longer typically German evil; and lastly, in the decomposition of the category of Nazi-fascism and of Nazi violence on the Italian front.
Alessio Basilico - «Li fanno pubblicamente li Signori, Dottori, e Preti»: concubinato e adulterio nella diocesi di Teramo (1550-1650)
This paper analyses the proceedings of concubinage and adultery by the curia of the diocese of Teramo in the years from 1550-1650. It examines the chronology and the procedure of the repressive politics. In addition, it highlights the precedence granted to church personnel in the moralization campaign. Moreover, elements of jurisdictional conflicts with secular authorities strongly limited the repressive capacity of the curia of the diocese. The analyzed sources reveal that the principles set forth by the post-tridentine Church received resistance in a way that the moral code of the religious institutions was not adapted by the population. However, the moral code came into use as a practical tool. When alternative mechanisms that had to deal with problems in the population proved to be ineffective, a charge could be made by referring to the curia of the diocese.
Lucia Bianchin - Machiavelli e i rivolgimenti costituzionali nella letteratura giuridico-politica tedesca della prima età moderna
By the end of the 16th century, the classic topic of the conversiones rerumpublicarum, i.e. the great political and constitutional changes, becomes an indispensable tópos in the literature regarding the state. This paper tracks the extensive German literature on the subject from the middle of the 16th century up until the 30s of the 18th century, and pays special attention to the reception of Machiavelli in this particular contest. His writings provided much inspiration: German public law draws on him extensively and he is frequently quoted and in a much-diversified manner. The most interesting use made of Machiavelli regarded the discussion on the origins of political change, and especially on the influence therein of divine providence and the prudentia politica of the rulers, of nature and fate or fortune. Hermann Conring’s singular interpretation of Machiavelli from the middle of the 17th century was to be of crucial importance in conditioning the following literature on the subject.
Mariapia Bigaran - De Gasperi da leader locale a leader nazionale: autogoverno, nazione, conflitti politici
This paper investigates the major topics tackled by Alcide De Gasperi in his political writings, starting with the Hapsburg Trentino’s militancy up until the advent of fascism. His involvement in the Trentino catholic movement came about when the elitist conception of the local government was being overcome, when political participation became possible for new social classes. Nevertheless, the experience of 18th-century liberal self-government plays an important role in his formation. The importance of local associations, the concreteness of the administrative programs, the defense of national identity, the pragmatic nature of political action in pursuing goals and possible allegiances are all elements that continue to play an important role in his thinking and his political activities after WWI, when his role in the Partito Popolare Italiano and in parliament becomes increasingly important. His criticism of the centralizing liberal state is accompanied by an attempt to guarantee “governability” by deferring to the meaning of the political program of the Partito Popolare together with the Christian values that inspired him. His political leadership becomes manifest once more with the rise of fascism and the Aventino, while seeking and favoring the elements of a mature “party system” that was to give life to the republican Italy.
Maurizio Cau - De Gasperi, le dottrine corporative e i regimi autoritari
Alcide De Gasperi’s writings on corporatism from the 1930s constitute a privileged observation point for examining the evolution of the political culture and the antifascism of the Trentino politician. De Gasperi’s reflection, suspended between an absolutely true resumption of the late 19th century cultural baggage and an attentive study of the political and social dynamics of the international reality, concentrates especially fervently on the incompatibility of the doctrinal itineraries expressed by the corporate tradition of catholic imprinting and the fascist corporate experience. A valid alternative to the dominance of the liberal tradition and the dangers of the socialist menace, corporatism is understood by De Gasperi as a weapon in the fight against the ceasarism of the modern state and the affirmation of new forms of statolatry. As the opening towards Dollfuss’s authoritarianism shows, De Gasperi’s corporatist reflection is conducted along a doctrinal and moral horizon, much more than a political one.
Matthias Dahlke - Politik gegen Polizei? Dynamiken der Krisenstäbe von Olympia 1972 und Lorenz-Entführung 1975
German political crisis management in times of hostage taking or abduction is highly intertwined with police work. The general assumption is that politicians set the goals and negotiate; the police have to carry out and deliver results. While political decisions are generally discussed through media and analyzed by academia, it is quite often forgotten that the police are political players themselves. Thus, this article seeks a deeper understanding of how fighting terrorism in the 1970s worked by including subordinate structures. It does so by examining cooperation and conflicts between political and police level using the example of two prominent cases: the Olympic Games of 1972 and the abduction of Peter Lorenz in 1975. Political and police crisis management had their internal dynamics, highly influenced by the complex federal structure of West Germany. At the same time, police structures were subject to change during the early 1970s, trying to adapt to new challenges posed by the terrorist threat and societal developments. Police and politicians influenced each other in the face of a crisis, trying to convince the other side by their respective approach, sometimes leading to friction. In the Olympics case, politics and police failed successively, while in the Lorenz case the failure of the police to find the abducted Lorenz was a precondition to the dominant political wish for fulfilling the terrorists’ demands.
Gisela Diewald-Kerkmann - «… wohl das deprimierendste Strafverfahren in der Geschichte der Bundesrepublik»*
The controversy regarding the main trial of the founding members of the Red Army Faction – Andreas Baader, Ulrike Meinhof, Gudrun Ensslin, and Jan-Carl Raspe – documents that it was a political issue and ultimately mirrored social conflicts. Regarding the proceedings in Stuttgart’s Stammheim Prison, the federal prosecutor Heinrich Wunder already stated on October 5, 1976, that a trial, which two of the accused would not survive – Holger Meins died on hunger strike on November 9, 1974, and Ulrike Meinhof committed suicide on Mai 9, 1976 –, that had posed a series of detention-related problems, and spawned countless new laws from Bonn, would keep jurists und historians busy for a long time to come. Against this backdrop, this paper proposes to trace single lines of conflict: the juridical difficulties in dealing with the terrorist challenge, the dynamic of the trial, and the controversies between the defense and the court.
Daniele Edigati - La pace privata e i suoi effetti sul processo criminale. Il caso toscano in età moderna
This paper investigates the recourse to private peace in criminal procedures of early modern Tuscany. Our research shows that the state meticulously disciplined the phenomenon leading to its gradual and moderate curtailment. We begin with the medieval communal statutes, the reforms of Cosimo I, however – above all – we concentrate on the 16th century, when sovereign measures and jurisdiction restore peace to the parameters of the doctrine of ius commune. We specifically concentrate on two issues: firstly, the benefits granted to members of the Tuscan militia, the group that most profited from sentence reductions deriving from agreements with the victims; and secondly, the incidence of peace in the concession of grace, where all efforts concentrate on finding a subterfuge for overcoming the impossibility of obtaining peace from the victim. At last, the analysis of a number of documents from the Supreme Court of Justice substantiates the continued existence of mediation as a tool in Tuscan criminal procedures still at the end of the 18th century.
Guido Formigoni - I cattolici e la crisi dello Stato liberale
The Italian Catholics’ approach to the crisis of the liberal state has its roots in the period of their uncompromising opposition during late 19th century. In these times a minority attempt to «politicize» this opposition developed, on the ground of a growing sense of nation and a new recognition of the constitutional framework. Thwarted by the ecclesiastic orientation of the papacy of Pius X, this attempt once again gained ground in the climate of his successor, Benedict XV. This paper analyzes the significance of the project of the Partito popolare in the light of the recent historiography. The core of its problem was finding an answer to the crisis of the relationship between state and society, uncovered by the war and postwar turmoil. Both achievements and limits of this approach are chronicled. To complete the picture, the new perspective of Pope Ratti after 1922 changed the conditions once more, attempting a «catholic reconquest» of modern mass society from the bottom up and the political problem became secondary.
Tobias Hof - «La lotta sarà lunga, difficile e aspra». Die Anti-Terrorismus-Politik in Italien 1969-1982
Of all Western European countries, the Italian state faced the highest number of terrorist attacks. At first, between 1969 and 1975, the Italian governments tried to counter this threat solely with repressive measures. The real problem was however, that the political establishment had no proper understanding of the complex Italian terrorism scene. Thus, the new laws were enacted within the framework of fighting ordinary crime and therefore had no real effect against the terrorist groups. In 1976, the perception of terrorism within the political elite as well as the struggle against this kind of crime changed. In particular, the understanding of terrorist groups progressed and the state was able to recognize and then exploit the internal crisis of the terrorist groups. As a result, legislation became more effective, even though it gave reason for criticism from a constitutional law perspective.
Johannes Hürter - «Bis an die Grenzen dessen, was vom Rechtsstaat erlaubt und geboten ist». Anti-Terrorismus-Politik in der Bundesrepublik Deutschland 1969-1982
The counterterrorism policy of the social-liberal governments under Chancellors Willy Brandt (1969-1974) and Helmut Schmidt (1974-1982) can be divided into three phases: 1) 1969-1974: Counterterrorism as a struggle against crime within a political reform program regarding national security; 2) 1974-1978: Counterterrorism as a form of reactive crisis management under the primacy of criminal prosecution; 3) 1978-1982: a careful opening-up of counterterrorism to more flexible, even deescalating and integrative measures. During the second phase, state measures threatened to damage what was supposed to be preserved: liberty, democracy, and the rule of law. At least the government managed to repel the conservative opposition’s even more extensive demands. Even though the rule of law did not go to pieces in the end, one can ask the question whether the counterterrorism policy of the social-liberal coalition was proportional taking into account the enormous effort and the marginal efficiency.
Anna Gianna Manca - Struttura ed evoluzione dell’amministrazione della pubblica istruzione nella monarchia costituzionale italiana
This essay attempts to reconstruct the most important stages of the constitutional and administrative history of the Ministero della Pubblica Istruzione [Ministry of Public Education] in liberal Italy (1861-1922). In this period, the central law for the sector was the Legge Casati from 1859, which was continuously modified in single aspects but never completely overhauled until the organic reform of the entire sector by Giovanni Gentile in 1923. A study of the administration of Public Instruction in that period reveals many continuing traits with the constitutional and administrative history of the following republican period: first of all, the preference given to decrees and regulations promulgated by the executive instead of ordinary law in the administration of that sector and further the only «derived» and «instrumental» interest in public instruction shown by the ruling political classes, which also explains the – by now traditional – failed recognition of the strategic importance of the ministry in the overall politics of the Italian State.
Magda Martini - Tra «Stasiland» e «Leseland»: immagini e ricordi italiani della DDR dopo la sua scomparsa
After the fall of the Berlin Wall, the GDR continues to hold a vast symbolic fascination for the Italian imagination. The failure of the socialist experiment in East Germany and the revelation of crimes committed there in the name of the Marxist ideal induce the critics of communism to viciously attack anyone who had frequented the GDR. In the context of the controversies between different political leanings, two conflicting pictures take shape promoted by the press and the books published in the 90s: on the one side a country dominated by a pitiless secret police (Stasiland) and on the other a state, where literature has taken it upon itself to create a custom-made public space for the citizens (Leseland). Even though neither of the two images perfectly reflects reality, the Leseland described by Italian literary specialists can show the way to a better problematization of the history of the GDR which up until now has mostly been ignored by Italian historiography.
Giuliano Marchetto - Diritto sul corpo e «servitù coniugale» nella dottrina canonistica pretridentina
The role of consummation for the formational process of the coniugio was one of the most discussed problems in the pre-Tridentine juridical and theological doctrine on marriage. An examination of the most important works of theology and civil and canon law published between the 12th and the 15th centuries shows a clear juxtaposition between the advocates of a purely consensual marriage, represented by certain canonists (the school of Pietro Lombardo) and by the last exponents of the glossators’ school of civilists (in particular Azzone and Accursio), and those who followed Gratian’s teachings and saw the completing moment of marriage in the carnal union of the spouses. The 13th and 14th-century doctrine did not eliminate all ambiguities, it rather gave rise to a recomposition, which – even though it recognized the centrality of consensus – did not exclude the juridical relevance of consummation and of the marriage pledge, but legitimized the attempted regulation of married life brought about by the reflections of post-Tridentine moral theologyn.
Renato Moro - L’atteggiamento dei cattolici di fronte al fascismo e al nazismo
This article attempts to analyze the attitude of Italian Catholics towards Fascism in the ’30s by way of the comparison they made with Nazi Germany. Their illusions about the nature of Fascism as an instrument sent by Divine Providence to restore Catholic Italy were not completely dispelled by the 1931 conflict; and in the following years hopes were even bolstered by the National socialist advent to power: the general respect of religious values made the Italian situation – in comparison to the German one – immensely preferable. Especially in 1936, after the conquest of the Empire and the beginning of the Spanish Civil War, Italian Catholics looked at Fascism as a fundamental bulwark of Catholic civilization. Nonetheless, in 1937, and above all in 1938, the aggressive alliance with Nazi Germany and the beginning of racial politics reversed the situation: under Nazi influence, Fascist Italy now seemed to risk the transformation into a «neo-pagan» regime. Even though the Axis did not transform Catholics into opponents, they became increasingly disenchanted and perplexed with Fascism.
Paolo Pombeni - Lezioni di una crisi epocale. Alcide De Gasperi alla prova del primo dopoguerra
The political experience of Alcide De Gasperi in the years from 1919-1926 is important in the framework of his biography. The collapse of the Habsburg Empire and the return of the Trentino to Italy were not interpreted as fatal events by him, but read in the context of European history between the 19th and the 20th centuries. De Gasperi’s entrance into Italian political life confronted him with the troubles of a democracy unprepared to deal with a new electoral system based on proportional representation. The progressive coming into power of fascism added elements of concern. This essay explores the reflections of the political leader coming to terms with the crisis of the early 20s and tries to illuminate what he learned from it for the subsequent experiences of his life.
Vladimiro Satta - Il contributo delle forze di Polizia alla repressione del terrorismo in Italia. Con particolare riferimento ai nuclei dei Carabinieri del generale Dalla Chiesa
From the end of the 1960s to the late 1980s, Italy faced multilateral terrorist attacks that were stronger than in any other democratic country. At the beginning, the police forces – which were ready to tackle violent public demonstrations more than terrorism or urban guerrilla – were unable to react, and the same applies to security services. Some steps were taken not earlier than at mid-1970s. Between 1974 and 1977 new corps and new task forces were created, prisons went under stricter control and security services were reorganized. However, as a whole, the situation didn’t improve so much. At the time of Aldo Moro’s abduction and killing, in 1978, old and new problems concurred to cause a shocking defeat. Subsequently, the State recovered and was able to adopt new policies in order to fight its enemies. The final success is mainly due to a special unit of Carabinieri ruled by general Carlo Alberto Dalla Chiesa, so this essay provides an insight into their story.
Michele Sisto - Un cambio di paradigma. L’importazione di letteratura tedesca in Italia dopo il 1989
The events of 1989 accentuated a number of structural and cultural processes, which had already begun some years before: the crisis of the symbolic legitimacy of communism, the marginalization of the figure of the intellectual/writer, and the end of the alliance between cultural publishing houses (such as Einaudi, Feltrinelli, or Adelphi) and the institutions of the political Left, which for decades had been the main pole of literature’s resistance to the constraints of a market logic in Italy. This produced a change of paradigm in the very notion of “literature”, which has discouraged the importation of German literature more than that of other literatures. There are, however, first signs of change towards the end of the ’90s: as, for example, the consecration of W.G. Sebald makes clear, the awareness that literature must be dealt with as a symbolic good, that is according to its own rules, is once again receiving some credit even in the major publishing companies.
Ermanno Taviani - L’opinione pubblica e la politica italiana contro il terrorismo
Between the end of the 1970s and the beginning of the 1980s Italy faced a radical crisis of passage: the crisis of the «Republic of parties» inaugurated in 1946. In this passage, which was in the first place determined by the 1973 economic crisis, terrorism and the wave of violence to hit the country during that period also played a part. The transversal nature of the lines of fracture that crossed the political and social players also becomes evident in the public opinion and its dynamics. In this sense the 55 days of the «Moro case» are the litmus paper for the dilemmas of the 70s, also because the game was played for the most part on the terrain of communication. The PCI paid a very high price for its unfortunate allegiance with the DC and its transformation into a «partito dell’ordine»; the so-called «counter-reformation» underwent a crisis also because of its contiguity to armed combat.
Elena Tonezzer - Il peso di un’eredità: De Gasperi e il Trentino asburgico alla prova del dopoguerra
De Gasperi’s political education is intertwined with the history of Trentino, where he grew up in the same years as the national question become of primary importance. Liberals and socialists aspired toward the unification of Trentino with the Kingdom of Italy, whereas the Catholics held a different position. From De Gasperi’s speeches it becomes clear how deeply he was convinced of the fact that nationality and state did not have to coincide as long as minority rights were guaranteed. De Gasperi worked towards promoting the awareness of a cultural and religious unity among the population, in order to make it stronger in its requests for autonomy aimed at Vienna and Innsbruck and against the menacing German nationalistic societies. This political experience explains many of De Gasperi’s positions before World War I. With «trentinismo» De Gasperi indicated the existence of a mentality common to the population. The formula must be contextualized in the situation of the Trentino minority at the beginning of the 20th century, in order to reveal the instrumental character of the polemics that brought «trentinismo» into play when accusing De Gasperi of pro-Austrian leanings.
Francesca Traldi - Le tradizioni europeiste nel Psi e nella Spd (1979-1989)
With Craxi’s ascent to power the Europeanism of the Psi gains new momentum. Overcoming the old prejudices against the northern social democracies, the Psi draws nearer to the German Social Democrats and endorses the popular figure of Willy Brandt during the first European election campaign in 1979. The Psi actually comes out ahead of the Pci. To reclaim the old internationalist tradition the Psi presents itself together with the major social democratic forces in Europe. Together with the Sped the Psi commits itself to drafting a joint political program. The euro-socialist strategy of solidarity regarding goals and attitudes is inserted into a broader context and signs the passage from internationalism to Europeanism as the natural prosecution of a long historical path.
Federico Trocini - Oltre lo Stato, l’Impero. Paradigmi post-bipolari in Italia e in Germania (1989-2009)
Within the framework of the international debate regarding the post-bipolar system, this paper discusses the reappearance of the notion of «Empire» within the Italian and German scientific literature. It compares some of the main formulations and zeros in on the different sensitivities, which were the premises for the increasingly frequent evocation of «imperial scenarios». In Europe, indeed, besides the marginal survival of the Marxist notion of imperialism, the imperial paradigm has mainly assumed an unusual positive and progressive connotation, tying in with the story of the self-evident «crisis of the modern state» and the debate against American unilateralism. Such a connotation is functional to the description of the political and institutional pluralism of the EU and reflects the experimentation of the global cosmopolitan federation or, at any rate, it can play the role the Holy Roman Empire played in the past, on the ruins of the modern state.
Giorgio Vecchio - Alcide De Gasperi negli anni del fascismo: esperienze, letture e riflessioni
The author offers some insights into De Gasperi’s personality and particularly the development of his political thought during fascism. He touches on De Gasperi’s biography in that period and points to its many readings. During the thirties, De Gasperi wrote the biweekly column La quindicina internazionale for the «Illustrazione Vaticana» (1933-1938). In order to do so he had access to a wide range of international daily newspapers and periodicals. This was unique in fascist Italy. His notes and personal papers exemplify his readings on history, political sciences, relations between the Church and the State, constitutional systems, and problems of the contemporary State. He studied the writings of Machiavelli, Guicciardini, Taparelli d’Azeglio, Donoso Cortés, and – above all – those by James Bryce (in particular Modern Democracies) on the functioning of the political systems in France, Australia, New Zealand, and the United States. In conclusion, the author introduces the notion of politics adopted by De Gasperi: «Politics is the art of the real and of the achievable».
Angelo Ventrone - La «guerra civile di lunga durata» e l’idea di Stato nell’Italia degli anni Settanta
The documents produced by the extreme left never present a positive idea of the state to be constructed nor of the measures to be adopted – if not very generally – for creating that new society which ought to be the goal of any revolutionary doctrine. In effect, for most of the left protest – as well as the armed groups – the traits of the new state should have taken shape during the course of the revolution itself. In this perspective, the democratic state was considered an enemy with whom all dialogue was impossible. Regarding the institutional left on the other hand, during the fight against terrorism the Pci convinced itself that defending the extant state was to defend democracy. Its internal conflicts were never completely resolved however, as the heated debates during the trial of the Red Brigades in Turin and the kidnapping of the President of the Democrazia cristiana, Aldo Moro, make clear.
Christian Zendri - Lutero «canonista». A proposito del «Von den Juden und ihren Lügen»
Martin Luther’s relationship with law has received much attention also by recent historiography. Repeatedly Luther’s strongly critical attitude against law in general and against canon law in particular – seen as closely bound to the papacy and its role within the church – has been emphasized. Even recent studies, although they amply single out the traditional and popular aspects of Luther’s critique of law, and especially of jurists, and the difficulties the Reformation faced when it came to rejecting canon law, especially in marriage issues, do not pay adequate attention to the presence to both explicit and implicit echoes of the medieval canonist tradition in Luther’s writings. This is especially true in the case of a dramatic and controversial piece of writing such as Von den Juden und ihren Lügen (1543), which contains considerable and radicalizing references to Church law, which reached Luther by not always well-known routes. This – together with other clues from the life and work of Martin Luther – contributes to a picture of the «reformer» in which the medieval canonist tradition plays a more important role than one might think. This picture delineates the continuous presence of the principles gathered by canon law in the Lutheran texts, even while refusing the very texts in which that law was collected by the juridical science of the middle ages.