Il dilemma fra principio di legalità e nuova giustizia sociale in Piero Calamandrei

The author examines Piero Calamandrei's attempt to defend the principle of legality and the certainty of law in a period in which the fascist regime violated the most basic rights, while maintaining an apparent legality. If in the conference held in Florence in 1940 Calamandrei appealed to the value of legality as the only bulwark to oppose the theories of free law, in the notes on the concept of legality, written during his exile in the sky in Umbria during the winter of 1943-1944 and preserved in the Piero Calamandrei archive at the Historical Archive Library, his yearning for social justice and his search for a law that was no longer an instrument of the regime's violence also shines through.