FILOMUSI GUELFI, FRANCESCO. - Italian jurist and philosopher, b. at Tocco Casauria (Abruzzo) on 21 Nov. 1842, d. there on 22 Oct. 1922. Professor of philosophy of law and of civil law at the University of Rome.
He studied jurisprudence and philosophy at Naples, in which subject he had Bertrando Spaventa as his teacher. In 1873 he was appointed, by competition, professor of philosophy of law at the University of Rome. In 1884 he moved to the chair of civil law, continuing however, in subsequent years, to give courses also in the other discipline. In 1910 he was appointed senator of the Kingdom.
In his conception of law, as a universal and absolute idea that is realized in concrete and historical form, he was inspired by the principles of Vico and of Hegel, remaining nevertheless aloof, with respect to the latter, from the dogmatism of other Hegelians, so as to draw closer in some points to the thought of Kant. As regards the State, he upheld the concept of the "rule of law" in a broader sense than the Kantian one, according as it had been affirmed especially by Silvio Spaventa (brother of Bertrando), of whom F. was a devoted friend.
From his school came several of the major jurists (such as V. Scialoja, G. Venezian, G. Chiovenda, P. Bonfante) and not a few philosophers of law.
The principal work of F. G. is the Enciclopedia giuridica (Naples 1873; 7th ed., ibid. 1917). Among the writings pertaining to the philosophy of law, special mention should be made of: La dottrina dello Stato nell'antichità greca nei suoi rapporti con l'Etica (ibid. 1873); Del concetto del diritto naturale e del diritto positivo nella storia della Filosofia del diritto (ibid. 1874); Il matrimonio religioso ed il diritto (Rome 1874); Delle condizioni che escludono o diminuiscono l'imputabilità (ibid. 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, published at first only in lithograph 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, note should be taken, besides various contributions published in journals, of the numerous courses of lectures, which appeared in the form of lithographic handouts (Delle successioni: Diritti reali; Delle obbligazioni; Introduzione alle scienze giuridiche ed istituzioni di diritto civile; Delle trascrizione, etc.).
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Giorgio Del Vecchio