SPAVENTA, SILVIO

SPAVENTA, SILVIO. – Patriot and jurist,
born at Bomba (Chieti) on 10 May 1822, died in Rome
on 21 June 1893, brother of the idealist philosopher Ber-
trando, whose influence he strongly felt.

He studied at Chieti, then at Montecassino and Naples, where
he began his legal studies. Hostile to the Bourbon government,
through his newspaper il Nazionale and a secret society
he founded, he advocated federalism as the first step
toward the unity of Italy. For this activity he was sentenced
to death, later commuted to life imprisonment. After
seven years in the prison at Ventotene (1848), he was exiled.
In London he aroused among liberal leaders lively
interest in Italian affairs. Having returned to Italy, after
the annexation of the Kingdom of the Two Sicilies to Italy, he was assigned
to direct the police in Naples (1860–61). Elected
to Parliament, through his ideas he helped strengthen
the position of the historic Right. He held
very important government posts, including that of
secretary-general of the Interior (1864), State Councillor,
and Minister of Public Works (1876).

F. Crispi, a leading figure of the Left, appointed him presi-
dent of the Fourth Section of the Council of State, whose crea-
tion he had helped bring about through his ideas on
administrative justice. Indeed, he advocated the establishment
of judicial protection for that vast number of rights and interests
harmed by government acts, deemed unlawful by the persons
concerned, who had been left without any protection of this kind
by the reform enacted through the law of 20 March 1865,
invoking the example of other countries, which had found
protection in courts of administrative litigation, specifically
established for that purpose. Thus the Fourth Section of the Council
of State was created, with judicial functions; through his efforts,
the Section gained considerable authority, and it forms the basis
of the system of administrative justice still in force. He was
appointed senator on 15 December 1889.

BIBL.: R. de Cesare, S. S. e i suoi tempi, in Nuova Anto- logia, 3ª series, 46 (1893), pp. 29–60; F. P. Gabrieli, s. V. ENOCH.

Ital., XII, pp. 709–710; F. Battaglia, s. V. in Dizionario politico
ital., IV, p. 331; P. Romano, S. S., Bari 1942. Francesco Ercolani

Cite this article

“SPAVENTA, SILVIO.” Enciclopedia Cattolica, vol. XI (1953), p. 658. Azione Romana digital edition, https://azioneromana.com/article/spaventa-silvio.