THE ITALIAN EDITION OF CONSTANT'S COMMENTARY TO FILANGIERI'S SCIENCE OF LEGISLATION

Constant, Benjamin. Comento [sic!] sulla scienza della legislazione di G. Filangeri [sic!] scritto dal signor Beniamino Constant. Prima traduzione italiana. Quarta edizione. Capolago: Tipografia Elvetica, 1838.

8vo, contemporary half calf on marbled paper, orange label and gilt-lettered title at spine, pp. 352.

Fourth Italian edition of Constant's commentary on Filangieri's Scienza della Legislazione.

The «Science of Legislation» by Filangieri is a cornerstone of the legal, economic and political thinking of Italian and European Enlightenment. The work, published originally from 1780 in seven volumes (Naples, Raimondiana) had a great international echo, with translations in English, French, German and Spanish. Founded on a rigorous codification of the laws and a progressive reform of the criminal procedure, the work of Filangieri, influenced by Vico and Giannone as Montesquieu, also gave a new formulation of the concept of crime: «Not all actions contrary to the laws are crimes, not those who practice them are criminals. The violation of the law, must be accompanied by a desire to violate it».

The treatise, which also constituted one of the models of Benjamin Franklin and some of the other fathers of the American Constitution, was placed on the Index of Forbidden Books in 1784 for his ideas of reform and its harsh attacks on ecclesiastical privileges.

Palgrave: «Filangieri was one of the most important writers on economics in the latter years of the last century. He followed no leader, standing between the physiocratic and mercantilist theory. His works are thus the prelude to a historical system of social legislation».

References: IT\ICCU\PUV\0943663. OCLC 611020618 (two copies in Switzerland) and 52957586 (two copies in USA).

A good copy.