A philosophical conception even before a juridical one. The lawyer Luigi Fratini calls his colleagues back to the authentic mission of legal aid. And to take sides against an indefinite and indefinable production of norms abstracted from reality, against juridical nihilism and its exasperated technicalities.
“An immovable belief as a necessity has always haunted me, as the indeclinable support of a palingenesis, now necessary and no longer postponable for those who sharpen their weapons, ready for the battle for the protection of justice and human value”. Thus begins the lawyer Luigi Fratini, for whom we must not only be a lawyer but also monitor the law and protect, as far as humanly possible, justice. “Maybe it’s a crazy conviction but this has always been the idea, meditated and meditated by the ancient jurisconsults, by the fathers of the country and even by our fathers and inherent in the perhaps naive, yet beautiful, conception that they all had of this figure: l ‘lawyer. Dotted figure in culture as an arcane and mythological creature, exalted in the communis opinio, as champion of that Iustitia which is the daughter and mother of the first principles and maximum systems “. Drawing up the list of such men would be long. More important to understand the spirit that united them, rather than to line up their names.
“They were the ones who boasted, affirming with pride and tears, not to do, but to be a lawyer, evoking a dimension, as you can see, linked to being and not having or doing. An almost transcendent dimension, which led many to fight a battle for the defense of the law and therefore of light, because the law is a sacred topic, reserved for mortals, but only by divine delegation. In fact, the law is eidos, a measure that arises from out of proportion and therefore derives from above, like the ten commandments. And there are many examples, among lawyers and magistrates, who can attest to all of this with the sacrifice of life, in a constant recapitulation, which goes beyond generations. A sacred task, therefore, that of those who watch over the law. Whether he is a lawyer or a magistrate, he struggles to ensure that such a precious asset is not trampled on and unwrapped. A vision, this, which leads to consider the figure of the lawyer, as that of a sovereign of law and a prince, understood not in the noble sense of the term, but in its most pregnant expression, of “first”, that is, of him who is always in front of giving body and substance to the battles of human and civil rights. “First” in giving voice to those who have no voice. This is a philosophy for those who do not have customers but only assisted ».
What emerges from the words of the lawyer Luigi Fratini is evidently, even before a juridical dimension, an ontological and philosophical dimension, with a constant reference to forgotten words and principles. At Nomos. «The words that shape justice are not words like any other, but invocations, prayers, yearnings. They are words full of fascination and evocative in our great, historical legal heritage of creators and trainers of law. A right that has served the whole world for millennia, words that seem to be written with fire for that very reason. Words that are the junction point between the human and the divine world. Words that nobody pronounces anymore. Because nobody talks like that anymore. Bold words like a bridge and winged like only the highest principles can be. And words that recall sacrifice, the sense of duty and giving, the projection of the individual soul into the sphere of having to be.
AGAINST LEGAL NICHILISM
It is necessary to deny that indefinite production of rules which, in their exasperated technicalism, aim to build an abstract language of reality and problems
Words that we have sometimes lost, but which for many are still principles to inspire life and even death. Principles have been said. Like the sacred founding principles of jurisdiction. Principles such as autonomy, sacredness, rituality, the effective finalization of collective well-being, inspiration and guarantee for the derelict and weak. Principles crystallized not only in hearts, but also in architectural forms, such as those of the courthouse, when even before the advent of the current of weak thought it was rightly thought that the same principles should condense, in tangible forms, to express what is abstract in the world and visually. And thus increase their capacity for inspiration. Principles emerged almost by magic from the tension that never failed, in the immense work of drawing them from the indistinct, confused collective consciousness, and bringing them to the altar of glory, where everyone can recognize and meditate on them, and above all, do not forget them. Principles that are Nomos, and as such they have armed great intelligence and noble hearts, in a battle of twilight, in sacrosanct, in a bet that is worth a life and the future of all “.
autonomy, sacredness, rituality, effective finalization to collective well-being, inspiration and guarantee for the derelict and the weak.
But how do we move from this, from principles – and therefore from justice – to jurisdiction? “True justice, that which lives in the world of the supreme, abstract principles, operates jointly, on a practical level, with its sister, jurisdiction, which we therefore want just as great, respected and worthy of love, and not corrupt or misled. Because jurisdiction is also eidos, it is the glue that holds men together and works as their older sister, as a friend, and should listen to their requests. Justice and jurisdiction are only apparently human, since they belong to the world of archetypes, to those concepts and tools that seem configured by the supreme factor to make life imbued with dignity. They live on a planet that is not human, like the XII plates, divine crystallization in a systemic and structured form, of customs, experiences and lives, of a people who made the right and gave it to the world “.
In this complex philosophical system, lawyers and their task, which Fratini points out in «Supervising and protecting law and justice, are necessarily inserted. It is an important task for lawyers and it is a task that does not allow for postage. Never. A task reserved for those who have the detachment from personal interest and the ability to use his art not as a mere exercise of legal technicality, but as a medicine that heals the wounds and hearts of the derelict, the disinherited. A task reserved for those who accept the function of King and Priests of the law, since the goal of serving others is the highest among all and leads precisely to a sense and a recognition of sacred legality, aimed at higher and higher objectives . But to do this you must have the ambition to be a Romulus or a Caesar. It is necessary to live according to the “law of duty”, which is written in the hearts of those who dare and those who protect, of those who are strong with the strong and merciful with the weak, and not weak with the strong and strong with the weak. And the first big step, on this harsh path, can only be that of defending justice, to obtain a clear regulation, which goes to disavow what others have called juridical nihilism. That is, that indefinite and indefinable production of norms, which seem increasingly distant and which, in their exasperated technicality, aim to build an abstract language, from the reality and problems of the free feeling of ordinary people. Laws drawn up by those who have not understood that the economic crisis is not the daughter of the market, but by the lack of shared and defended rules and principles. I am a reserved task, for those who know how to transform poison into medicine. ”And all this is not possible without awareness and memory. «And more precisely: higher awareness and a lot of memory. Awareness that the law is gentle and delicate art, because it decides the life and future of many. Because there is no prosperity, no humanity, no defense, no civilization, no right. Memory as a starting point for all reasoning. So let us first remember that we are, colleagues! Especially when justice is bent and bent at the behest of the interest of the powerful in turn. And act accordingly. There is no need to go into the merits. Each of us knows what to do. His conscience is the most efficient sentinel of justice. Let’s remember who we are. It is only a starting point, but it also contains the arrival point. “