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Piero Calamandrei (Arezzo, Italy, 1889 - Firenze, Italy, 1956)

jurist, politician, and anti-fascist. He contributed to the drafting of the Italian Constitution.

Piero Calamandrei is born on 21 April 1889 in Arezzo, Tuscany. The son of Giuseppe Calamandrei, a respected lawyer, he grows up in a family environment rich in cultural stimuli and civic values. From an early age, he shows a strong inclination for study, particularly for literature and law, which he cultivates during his years at the classical high school Michelangiolo in Florence.

In 1906 he decides to enrol in the Faculty of Law at the University of Pisa and graduates with full marks in 1912. His interests in law and politics grow with him and develop especially during his university years, when he comes into contact with the intellectual circles of the time. In Pisa, in fact, he begins to frequent the circle of students and professors of the Higher School of University and Postgraduate Studies — what would soon become the Sant’Anna Institute — which allows him to shape his idea of law. It is no longer only a technical and academic vision, but above all an ethical one, closely linked to freedom and human dignity. Feelings that begin to clash with the political and military climate spreading through Italy.

However, when in 1915, at the outbreak of the First World War, Italy enters the war, Piero Calamandrei volunteers for service as an officer in the engineering corps and takes active part in the conflict. The experience of war, however, marks him deeply. In a letter, he writes:

“Only by living among the trenches, among death and fear, does one truly learn what the word ‘homeland’ means.”

During the war, Calamandrei becomes a captain but decides to leave the army in 1918. Military life is not for him, despite the rank he has achieved, and he feels a strong call towards academia. A few months after taking off his uniform, Piero obtains the chair of civil procedural law at the University of Messina, later moves to the University of Modena, and then, in 1919, to Siena, where he becomes full professor. His teaching is passionate, engaging, and innovative, and his students remember him as a rigorous professor but at the same time capable of transmitting enthusiasm and critical thinking.

When the demands of fascism begin to grow stronger, Calamandrei takes a clear and firm stance against the new regime. In 1924, when he transfers to the University of Florence, he faces heavy pressure to join the Fascist Party, but he remains steadfast in his convictions and does not give in, despite threats that his academic career would be cut short. In those same years, he takes part in the formation of Italia Libera, a clandestine group of republican and anti-fascist inspiration, together with Dino Vannucci, Ernesto Rossi, Carlo Rosselli and Nello Rosselli. When, on 10 June 1924, Giacomo Matteotti is kidnapped and then murdered, Piero Calamandrei joins the Unione Nazionale, a liberal and anti-fascist movement founded by Giovanni Amendola, becoming a member of its executive council. In 1925, he signs Benedetto Croce’s Manifesto of Anti-Fascist Intellectuals and also contributes to the founding of the magazine Il Ponte, which becomes one of the most authoritative voices of Italian intellectual anti-fascism.

In 1931, Italian university professors are forced to sign a letter of submission to the regime, and only after the threat of being summarily dismissed does Calamandrei, reluctantly, sign it — only to avoid losing his teaching position.

I sign with disgust, so that I may remain where I can still teach freedom.”

During the years of the regime, several jurists attempt to do what Calamandrei had wanted to do back in 1924: to reform the Code of Criminal Procedure. None, however, succeed in carrying the effort forward until 1939, when Dino Grandi becomes the new Minister of Justice. Grandi entrusts the task to magistrate Leopoldo Conforti and to several leading experts of the time, among whom is Piero Calamandrei. Standing out immediately from the others, Calamandrei is commissioned by Minister Grandi to write a purely technical report, which impresses the minister so much that he keeps Calamandrei in mind. In fact, when in 1940 Grandi becomes President of the Chamber of Fasci and Corporations, he calls upon Calamandrei as an occasional advisor on certain technical aspects of the new draft code.

The new Code of Civil Procedure is promulgated on 28 October 1940 and comes into force on 21 April 1942. For his work, Calamandrei is decorated by Minister Grandi with the insignia of Knight Grand Cross. With the fall of the Fascist regime in 1943, Calamandrei becomes actively involved in the Resistance. He is among the founders of the Partito d’Azione, which gathers exponents of progressive liberalism, democratic socialism and republicanism, including Ferruccio Parri and Ugo La Malfa. On 31 August 1943, immediately after the fall of Fascism, Calamandrei becomes Rector of the University of Florence, but after the armistice of 8 September 1943, he decides to leave Florence for Treggia, near Pisa, and on 2 October he resigns. He then moves to Collicello Umbro, where he remains until the liberation of Rome in June 1944. When Florence, too, is liberated, he returns to the city with the goal of resuming his university role; in fact, in 1947, Calamandrei once again becomes rector of the Florentine university.

After the liberation, Piero Calamandrei takes part in the reconstruction of democratic Italy. In 1945 he is appointed a member of the National Council, and in 1946 he is elected to the Constituent Assembly among the ranks of the Partito d’Azione. His contribution to the drafting of the Italian Constitution is fundamental, particularly concerning justice and the organisation of the judiciary. He is one of the staunchest defenders of the independence of the judiciary and of the rehabilitative purpose of punishment. In a speech that became famous, he declares:

“The Constitution is not a dead letter. It is a commitment, a pact of freedom that we must renew every day.”

In 1952 he founds in Florence the Centre for Legal and Political Studies, destined to become a point of reference for democratic and reformist thought. He is also one of the most passionate defenders of public education and of the educational role of the State. His celebrated Speech on the Constitution, delivered in 1955 in Milan before students, remains today one of the highest examples of civic education and political oratory in Italy.

In that address he forcefully says:

“So, when I told you that this is a dead letter — no, it is not a dead letter, this is a testament, a testament of one hundred thousand dead. If you wish to make a pilgrimage to the place where our Constitution was born, go to the mountains where the partisans fell, to the prisons where they were imprisoned, to the fields where they were hanged. Wherever an Italian died to redeem freedom and dignity, go there, young people, in your thoughts, for there our Constitution was born.”

In February 1956, the activist and sociologist Danilo Dolci organises in Trappeto the “reverse strike” to peacefully protest against the chronic lack of work for Sicilian labourers, by organising the repair of a neglected municipal road. During the digging and levelling works, the demonstration is repressed by a police charge. Dolci is arrested, and during the trial, it is Piero Calamandrei who defends him. Passionately, during his address in court, Calamandrei gives a long commentary on the fourth article of the Constitution and in his summation says:

“Help us, Your Honours, with your sentence — help the dead who sacrificed themselves, and help the living to defend this Constitution, which seeks to grant all citizens of our country equal justice and equal dignity.”

Piero Calamandrei dies in Florence on 27 September 1956, but his voice does not fade. It still resounds in courtrooms, in university halls, in schools — everywhere people speak of justice, democracy, and freedom. His work — legal, political, moral — represents an inestimable treasure for the Italian Republic. A man of thought and of action, Calamandrei continues to inspire generations of citizens, jurists, and teachers. His life is an example of coherence, courage, and deep faith in civic values — a beacon that continues to illuminate the path of Italian democracy.

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Righteous Encyclopedia - Civil courage

Those committed to the defense of those persecuted and the innocent victims of the crimes against humanity, who safeguard dignity and human rights, and uphold the freedom of expression and the duty of truth.

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