Justice as a Value, Justice as a Function

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There are evident organisational malfunctions within the Italian judiciary. But if the problem of justice has exploded with such vehemence recently, the reasons have also to be sought elsewhere. One is the veritable crisis of social transformation which the country is now experiencing. The consequence must be a general readjustment of the institutional framework, and perhaps also of the general balance of constitutional powers which has emerged in the course of recent events. It is not necessarily true that justice has to be "just". It has, first and foremost, to be critical and rational and must, in no event, confer "political" powers on those responsible for exercising and administering it. The real problems of the Italian institutional framework reside in its increasingly accentuated passage towards a tutelary and censorial model of political obligation. In the process, the magistrature is assuming more and more the role of an autonomous political authority in direct, immediate contact with public opinion and tends to act outside any form of institutional mediation.