By Mandrioli Carratta
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Extra info for Corso di diritto processuale civile
To these intellectuals and writers, the relationship between persons and the legislator appears to be the same as the relationship between the clay and the potter. Moreover, even where they have consented to recognize a principle of action in the heart of man—and a principle of discernment in man’s intellect—they have considered these gifts from God to be fatal gifts. They have thought that persons, under the impulse of these two gifts, would fatally tend to ruin themselves. They assume that if the legislators left persons free to follow their own inclinations, they would arrive at atheism instead of religion, ignorance instead of knowledge, poverty instead of production and exchange.
We repudiate forced fraternity, not true fraternity. We repudiate the artificial unity that does nothing more than deprive persons of individual responsibility. We do not repudiate the natural unity of mankind under Providence. A Confusion of Terms Socialism, like the ancient ideas from which it springs, confuses the distinction between government and society. As a result of this, every time we object to a thing being done by government, the socialists conclude that we object to its being done at all.
It would require volumes to describe them all. Thus we must content ourselves with pointing out the most striking. In the first place, it erases from everyone’s conscience the distinction between justice and injustice. No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable. When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.