(by Paolo Petroni) (ANSA) – Rome, April 24 – Massimiliano Boni, ‘In these times of enthusiasm and glory’ (Bolati Borengiri, p. 352 – €26.00). In the chancellor there is a bust, like other ex-presidents of the Republican Constitutional Court, of such an exemplary and despicable figure as Gaetano Azaretti, who held this position from 1957 to his death at the age of eighty in 1961, even if, after that. Various removal requests rejected, in 2015 mysteriously disappeared into some repository in the name of a certain historical embarrassment, which ends up in any case hiding a stigma from our past I think it would be better not to stop thinking, especially in a place like this. Because of this, the current President Amato should try to think of how to intervene in the matter with his usual ingenuity.
In fact, the Azarete, the fascist who contributed greatly to the definition of the new civil code, later became a legislator by committing to the Manifesto of Race, collaborated in the drafting of the racial laws of ’38, and thus came to preside over it. The human and legal disgrace that served as the court of race, skillfully evading the post-war purge, is one of the most negative examples and consequences of Palmiro Togliatti’s realist post-liberation policy. Minister of Justice, he was chosen in June 1944 as a collaborator for the administration of the administrative reconstruction of the state, which he knows well, and a member of the Committees for State Reorganization and Administration Reform, within the Ministry of the Constituent Assembly, thus directly contributing to the 1946 amnesty that closed all accounts in the country With fascists and the past of war. After the harsh years of the civil war, a sense of recovery and continuity prevails, which ended up building institutions and social arrangements in the past.
Having spent his entire career under the regime (Director of the Legislative Office of the Ministry, Counsellor of the Court of Appeal, Head of the Cassation Department) and then surprisingly managed to himself become Minister of Justice in Badoglio’s first government after on July 25, 1943, Azaretti would have a nerve center in building the Republic , retired in 1951 and was appointed a constitutional judge in 1957 by President Grunchy.
He grew up and became a judge in the late liberal Kingdom of Italy as he began his cooperation in building the country’s legal system (as well as the Secretary of the Review of Colonial Laws), which continued in the Fascist period and resumed in the period of the birth of the Republic, this legislative judge is the gruesome example of that idea in the nineteenth century, paramilitary , to the servant of the state, who does his “artistic” work, no matter what. The moral, ideological and political situation. An idea that matches only in some ways with the independence of the judiciary which saved it, especially in the past, from being over-politicised. Here, then, it is good to remember, as Bonnie does, the words of Leon Ginsburg: “I believe that pure legal technique, which transcends moral and political values, exists only in the lower degrees. The higher it is, the less likely the artwork will remain purely technical, and not be colored by something else.” As evidence of this, the positions of the general Azariti were eloquent up to the deviation of “today belonging to certain races causes restrictions on legal capacity”, not forgetting the rhetoric of defining “the pride of Italians in times of fervor and glory” thanks to “the freedom of fascist Italy led by Duce”.
It is a contradictory, shameful and seemingly absurd story, however, so typical of the transformations and contradictions of our history in the twentieth century, and therefore not to be hidden, as it has hitherto done, but to be studied, as Boni finally did with keen interest in his book as the result of careful documentary research (with The main part devoted to racial and race-court laws), and not forgetting it to make sure we finally get rid of some of the legacy of the past that is still alive, just as they were born.