FILOMUSI GUELFI, FRANCESCO. — Italian jurist and philosopher, b. at Tocco Casauria (Abruzzo) on 21 November 1842, d. there on 22 October 1922. Professor of philosophy of law and civil law at the University of Rome.
He studied jurisprudence and philosophy in Naples, in which subject his teacher was Bertrando Spaventa. In 1873 he was appointed, through a competitive examination, professor of philosophy of law at the University of Rome. In 1884 he moved to the chair of civil law, though in subsequent years he continued to teach courses in the other discipline as well. In 1910 he was appointed senator of the Kingdom.
In his conception of law, as a universal and absolute idea realized in concrete and historical form, he was inspired by the principles of Vico and Hegel, while nevertheless remaining, in relation to the latter, free from the dogmatism of other Hegelians, and drawing closer in certain respects to Kant’s thought. As regards the State, he upheld the concept of the “State governed by law” in a broader sense than the Kantian one, in accordance with what had been affirmed especially by Silvio Spaventa (Bertrando’s brother), of whom F. was a devoted friend.
His school produced several of the leading jurists (such as V. Scialoja, G. Venezian, G. Chiovenda, P. Bonfante) and quite a few philosophers of law.
F. G.’s principal work is the Enciclopedia giuridica (Naples 1873; 7th ed., there 1917). Among his writings relating to the philosophy of law, the following deserve particular mention: La dottrina dello Stato nell'antichità greca nei suoi rapporti con l'Etica (there 1873); Del concetto del diritto naturale e del diritto positivo nella storia della Filosofia del diritto (there 1874); Il matrimonio religioso ed il diritto (Rome 1874); Delle condizioni che escludono o diminuiscono l'imputabilità (there 1875); Del concetto della Enciclopedia del diritto (Naples 1876); La codificazione civile e le idee
moderne che ad essa si riferiscono (Rome 1887). His lectures on the philosophy of law, initially published only in lithographic form for the use of students, were printed for the first time, together with some minor writings, in the volume: Lezioni e saggi di filosofia del diritto (Milan 1949). As regards civil law, in addition to various contributions published in journals, mention should be made of the numerous courses of lectures that appeared in the form of lithographed lecture notes (Delle successioni: Diritti reali; Delle obbligazioni; Introduzione alle scienze giuridiche ed istituzioni di diritto civile; Delle trascrizione, etc.).