IL «DIRITTO VIVENTE» E L’AUTONOMIA DEL DIRITTO DELLA NAVIGAZIONE. INTERROGATIVI AGLI ALBORI DEL TERZO MILLENNIO

The paper deals with the reference to «living law» as basis to claim of autonomy of navigation law by Antonio Scialoja, founder of the Neapolitan school of navigation law. Scialoja himself had recognized that the formula was inspired by the one developed by the sociologist of law Eugen Ehrlich. However, the use of that formula did not imply adherence to theories by Ehrlich (in fact not all of them were compatible with the approach which then led to the codification of navigation law in 1942). It was used in opposition to the theory of the particularism (and immutability) of maritime law.
The author affirms the need for a dialogue with scholars of other areas of law, and in particular with those of civil law. On the other hand, he maintains that the unitary conception of the transport law (in Gustavo Romanelli’s formulation) constitutes a coherent
development of the theories of the Neapolitan School of law of navigation. He finally inve stigates the current boundaries of that branch of law (in which he also includes aerospace