Anne Robert Jacques Turgot Arms of Baron Turgot: Ermine fretty of ten pieces gules, nailed or Anne Robert Jacques Turgot, Baron de l’Aulne[a] (; French: ; Edicto de Turgot. -Prohibe la Agremiación. -Dice que el hombre puede dedicarse al oficio que guste. -Suprime las corporaciones de oficios. CORTINA, A., “La ética de los jueces”, Actualidad Jurídica Uría & Menéndez, . In France, the so called ‘Edicto Turgot’ and few years after the statute law Le.
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For a more complete analysis of this issue, see J. Trampus, Diritti e costituzione. This paper was made possible by a different scholarships awarded to me under the Europe Programme by the D. I wish to thank V. Ferrone University of TorinoA. Nevertheless, nothing would have been possible without the invaluable assistance of Montserrat Lamarca librarian at the University of Barcelona Library ; the information and bibliographic references she provided me with were absolutely essential in locating the variety of texts examined in this paper.
This is how the twenty eight year old Neapolitan lawyer put it when the first two volumes of his work appeared in the summer of The perpetuation of feudal traditions and institutions was especially responsible for this state of affairs.
This was strikingly evident in the enormous power still enjoyed by the Church and the fact the barones still held that jurisdiction over civil, economic and criminal matters.
Filangieri began a crusade against contemporary law. The only way to change southern Italian society was to completely reform juridical basis of the legal code and the process of making laws.
This would upset the traditional compromise between feudal and modern society and reduce the enormous legal and economic inequalities 5. Thus the law would emerge as the most suitable and efficient way of improving socio-economic conditions in the backward Mezzogiorno.
At the same time, it would become the key factor in the creation of a new set of laws for society founded on public well-being; in future this would constitute the underlying principle for political action.
The new economic and social order inspired by the Enlightenment began to emerge from the pages of the five volumes of Scienza that the author was able to complete before his untimely death in For all these reasons Scienza was perfectly in tune with the traditional mainstream of criticism of the current system of law making.
The second book of Scienza was entirely devoted to the leggi politiche ed economiche. And the title of the book clearly expressed their main feature. Flangieri aimed at emphasize the links between the political and the economic laws. Therefore, the change of the political and institutional structures was the condition to overcome the restrictions to economic growth imposed by the feudal legacy. As a matter of fact, the Scienza della legislazione has been recently described as an ambitious Republican program with constitutional contentwhich is directly oriented towards the defence of individual rights.
Indeed, the exciting experience of the Birth the Republic of the United States of America, which inspired Flangieri, is a constant feature in the book [Ferrone ]. Together Physiocracy, the Scienza della Legislazione was clearly inspired by the literature created and diffussed from the V. Among this literature, the main influence comes from the books by Hume, Forbonnais, but also the ideas coming from two groups of economic treatises published between and On the one hand the treatises by Accarias de Serione, Raynal and Robertson concerning the problem of commerce and colonies.
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On the other, the treatises by Linguet, Mably and Morelly regarding the relevant debate on property right. Nevertheless, the hypothesis of the significance of Physiocracy in the Scienza della Legislazioneand in particular the partial acceptance by Flangieri -Book II- of the natural order of the Physiocrats and the principles of property, freedom and security, is gradually accepted by the historians. Despite the sort of economic liberalism defended by Flangieri was not dogmatic, it should be stressed that it was relatively sophisticated in comparison with other contemporary Italian economic literature.
However there is a disagreement among historians and Ferrara [ Finally, from the point of view of the international spread of the Scienza della Legislazioneit should be stressed the integration of the economic content into the ambitious matrix of the Republican ideology. However, tugrot the same time, it was adopted by the reform movement in Naples and Sicily as a model for action and enjoyed undoubted intellectual ascendancy during one of the most fruitful periods of the Enlightenment in southern Italy.
This was to culminate in the founding of the Xe Republic of Naples almost twenty years after the appearance of the first volumes of Scienza It was so typically European that tuurgot is difficult to envisage it existing outside the intense flow of ideas that surged through the Enlightenment in the Old World. The Scienza therefore was the product of a period of profound introspection on the causes of the socio-economic backwardness of the Regno delle Due Siciliebut, at the same time, it represented a cosmopolitan synthesis of one particular moment -and a crucial one at that- in the European Enlightenment movement Commentators such as P.
Venturi have all born witness to the extraordinary popularity of the tuggot. It had a significant impact in Spain as well. This can be readily observed in different works, bibliographic studies [Reeder ; Cabrillo ] or the other nature [Herr ; Galindo ], and also in a broader, more interpretive work by Lalinde . We have chosen to reconstruct its progress through Spain by looking at the translations of the work that were published.
We use dd word “translation” in its broadest sense and in the knowledge that translation, which had come to play an important role in intellectual activity during the eighteenth century, is the most reliable guide to the extent of the circulation of ideas at an international level; it also constitutes a key tool in detecting departures from the original and corrections or additions to it.
These derive from differences in thought between the country the work comes from and the one in which it is translated. Nevertheless, we must be aware of the risk entailed in identifying the history of a culture of the means of its transmission and intellectual development Escritas en italiano por el Caballero Cayetano Filangieri. Escrita en italiano por el Caballero Cayetano Filangieri.
Ibook Ivol. IIbook IIvol. Vbook IV, part I [Rubio ]. Francisco de Paula del Rey: I edjcto Ivol. II book IIvol.
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III book IIvol. IX book IV, part Ivol. X book V [Rubio ]. Obra escrita en italiano por el Caballero Cayetano Filangieri.
X libro V [Rubio ]. Bernardo Latorre o La Torre: Boix, [ Compendio ]. Filangieri, ilustrada con comentarios por Benjamin Constant. II book Ivol. V book IIIvol. VI book IIIvol. IX book IVvol. X book V [Ribera ]. Some Spanish editions followed suit. Riflessioni Politiche by G. A detailed explanation of these periods is contained in the sections below. It seems fairly obvious that this offer expressed a tacit desire for the work to be translated into Spanish as soon as possible.
Carlos III ascended the Spanish throne in and almost immediately set in motion a range of innovative economic and political reforms. At the same time an era of intellectual liberalization began.
One of its chief manifestations was a proliferation of translations of foreign works that could provide ideas for these reforms Campomanes, the Fiscal General in the Consejo de Castillawas undoubtedly the most influential political figure in the Monarchy; he played a role in exposing the nation to the mainstream of ideas and books that was flowing through Europe during the Enlightenment.
Inin conjunction with another member of the Consejo de CastillaM. This was to constitute the first step in the preparation of a criminal code which would complement the sweeping reform of this area of Spanish law. He had entrusted the task to M. This is how, by the end of the seventies, the influential Campomanes represented principal ideological force behind codifying the law and proceeding with profound economic reform as well as translating relevant foreign texts. As well as creating some xe of continuity for the recent translations of texts by Beccaria and Galiani, they could also provide direction for all the proposals for reform.
The members of the Spanish Enlightenment movement alone were responsible for the dissemination of Scienza throughout the country; the government did not intervene in the process. The Inquisition did though: Just four years after the publication of the first two volumes of the book, Reflexiones sobre la libertad del comercio de frutos appeared on the scene These extracts are accompanied by a note pages taken from a text published in by A.
He analyses the economic advantages that Aragon could derive from new legislation proclaimed by the government in partially deregulating trade with the colonies His purpose was to play a part in determining the direction of the programme for agrarian reform that the Enlightenment government had been working on since tyrgot Arteta, on the other hand, held a less radical position on the issue, closer to the official reform proposal.
He defended “mercantilist” policies, such as indirect price control of agricultural produce and protection of the internal market. The new system of free trade with the colonies would forcibly result in the opening up of markets and the generation of new exports. This new environment required a fresh approach to trade policy; the new economic possibilities had to be exploited. There was one unusual aspect to the situation however: A translation of Riflessione politiche was published in This short work by Filangieri defends the law proclaimed by Tanucci in September of in Naples; the work is dedicated to him.
The law obliged judges to justify the sentences they imposed in tufgot and also ensure that they based these sentences on a strict interpretation of the law in force at the time. The thinking that motivated this piece edifto legislation was that the exercise of individual freedom required certain guarantees: In spite of the difficulties involved in locating this translation these days, it seems reasonable to assume that it was not a limited edition, turggot as one of the most popular journals of the times, Memorial literario instructivo tugot curioso de la Corte de Madrid Marchpp.
He died on the 1st of Aprilseven years after stopping work on the translation; he was only able to complete up to Part 1 of Book IV. Nevertheless, everything points to the fact that he actually translated the entire work. As far as we are aware, his entire literary output amounted to no more than his translation of Filangieri Tommasi to the edition The speed with which the translation of Elogio storico appeared -just a year had elapsed since the book first came out in Italy- is just one more demonstration of the fact that Spain followed events in Naples closely and that anything related to Filangieri attracted attention, despite the fact that he was no longer living.
His position became more and more apparent as the various instalments of the translation began appearing. These criticisms rise in tone in the introduction to the Book III.