Dear Colleagues, We are here
teachers of all kinds of schools, from elementary to university [...] . We are gathered here in this conference, which is called the Defense of the school. Why we defend the school? Perhaps the school is in danger? What is the school that we are defending? What is the danger that hangs over the school that we are defending? Can you come immediately to mind that we are gathered to defend the secular school. It is also a bit 'true and was told this morning. But this is not all, there is something higher. This should not impoverish our meeting in a controversy between clerical and anticlerical. Without saying, then, that what we are defending. Now, you are really sure that in Italy we have a secular school? That we can defend the secular school as if there were, after art. 7? But let us do, we beyond. We defend the democratic school: the school that corresponds to the democratic constitution that we wanted to give, the school that is a function of this Constitution, which can be an instrument, because the Constitution written on paper become a reality [...] .
The school, as I see it, is an organ of "constitutional". Has its position, its importance to the center of the complex of organs that make up the Constitution. As you know (you all have read our Constitution), in the second part of the Constitution, what is called "state law", are described in those organs through which it expresses the will of the people. Those organs through which policy becomes law, vital and healthy political struggles are transformed into laws. Now, when you can think of asking what are the constitutional bodies, all of you will naturally answer: are the houses, the Chamber of Deputies, the Senate, the President of the Republic, the Judiciary, but there will think of between these agencies also consider the school, which instead is a vital organ of democracy as we conceive. If you were to make a comparison between the human body and the body constitution, you should say that the school match those in the human organs that have the function to create the blood [...] .
The school, the central organ of democracy, because it helps to solve what we believe is the central problem of democracy: the formation of the ruling class. The formation of the ruling class, not only in the sense of the political class, that class that is sitting in parliament and discuss and talk (and even screaming) that is at the top of the organs most specifically political, but also the ruling class in the cultural and technical : those who are in charge of factories and companies, teaching, writing, artists, professionals, poets. This is the problem of democracy, the creation of this class, which should not be a hereditary caste, closed, an oligarchy, a church, a priesthood, an order. No. In our thinking about democracy, the ruling class must be open and constantly renewed by the influx to the top of the best elements of all classes, of all categories. Each class, each class must be able to free up its best elements, because each of them may temporarily, temporarily, for that brief moment of life that fate allows each of us, helping to bring his work , his best personal qualities to the advancement of society [...] .
must serve democracy, allowing every man worthy to have his share of sunshine and dignity (applause). But this can only do the school, which is the corollary of universal suffrage. The school, which has precisely this character up a political sense, because it alone can help you choose, it can only help create the people worthy of being chosen, which normally surface from all walks of life.
You see, this image is enshrined in a constitutional article, albeit with a less imaginative formula. "Article. 34, where it is said: "The school is open to all. The capable and deserving students, even if without financial resources, have the right to attain the highest levels of education. " This is the most important article of our Constitution. One must appreciate the political and social value of this article. Seminarium rei I published, said the Latin marriage. We could say the school: I published seminarium offenders: the school draws the best for the renovation continues, daily of the ruling class. Now, if this is the constitutional function of the school in our republic, let us ask: how is it built this tool? What are its principles? First, state school. The State must provide its schools. First of all the public schools. Prior to enhance the private school must talk about public schools. The public school is the prius, that is the private posterius. For there to be a good private school is necessary that the state is excellent (applause). You see, we must first put the emphasis on that paragraph of art. 33 of the Constitution that says so: "The Republic lays down general rules for education and establishes state schools for all orders and degrees." So for this section [...] the state on schools, primarily a regulatory function. The State should put the school legislation in its general principles. Then, immediately, the state has a function of achievement [...] .
The State must not say: I am doing a school as a model, then the rest of the others do. No, the school is open to everyone and if everyone wants to attend school in the state, there must be all kinds of schools, many schools excellent, equivalent to the principles laid down by the state, public schools, making it possible to gather all those who addressed to the State to go in its schools. The school is open to all. The State must therefore be good schools to accommodate all. This is written in art. 33 of the Constitution. The school in the state, the democratic school is a school that has a unitary character of all is the school, create citizens, not create either Catholics or Protestants or Marxists. The school is an expression of another article of the Constitution: Article. 3: "All citizens have equal social status and are equal before the law, without distinction of sex, race, language, religion, political opinion, of personal and social conditions." And the art. 151: "All citizens are eligible for public office and for elective positions on equal terms, according to the requirements established by law." Of these two items should be an instrument of state school, this tool civic equality, in this respect for the freedom of all faiths and of all opinions [...] .
When public school is so "strong and safe, then, but only then, the private school is not dangerous. Then, but only then, the private school can be an asset. It can be a good thing that private forces, educational initiatives of classes, religious groups, political groups, philosophies, cultural trends of, cooperate with the state to expand, to stimulate, and renew attempts with a variety of culture. In family law, enshrined in another article of the Constitution, in Article 30, to instruct and educate their children, is to be given this opportunity families to bring their children to attend schools of their choice and then allow the establishment of schools that best correspond with certain guarantees that we will now see the political preferences, religious, cultural of that family. But let us make well aware that while the public school is an expression of unity, cohesion, civic equality, the private school is an expression of diversity, which may mean heterogeneity of current decentralized system which the State must prevent currents become disruptive. The private school, in other words, it is not created for this.
School of the Republic, the state school, the school is not a philosophy, a religion, a political party, of a sect. So why private schools springing up may be good and not a danger, you must: (1) that the State and monitor the controls and that are neutral, impartial between them. Does not favor one group of private schools to the detriment of others. (2) that private schools correspond to certain minimum level of seriousness of organization. Only in this way and other more precise, that are soon to tell, you can have the advantage of co-existence of public schools with private school. The race is between private and state schools. They establish a competition between public schools and private schools, so that the State arising from these private schools, and that eventually may lead to ideas and achievements so far in the public schools were not there, feel encouraged to do better, to make, whether I am allowed the expression, "more optimistic" their schools. Stimulus, therefore, must be the private school to the state, not because of abdication.
There are also Party schools or church schools. But the state must monitor the needs regular to be taken to their limits and must be able to do better than them. The school in the state, then, must be a guarantee, because you do not slip into what would be the end of the school and perhaps the end of democracy and freedom, that is, the school party. How do you set up in a country with a party school? It can be done in two ways. A of totalitarianism is open, said. We have experienced, unfortunately. I think everyone here you remember, though many people do you remember most. We tested under fascism. All schools become schools of the State: private school is no longer permitted, but the State becomes a party and then all schools are state schools, but schools are for this party. But there is another form to convert the school to get state party school or sect. Totalitarianism subtle, indirect, torpid, sluggish like some pneumonias that are without fever, but are dangerous. Let's say, so "theoretically, there is a ruling party, a dominant party, which, however, formally wants to respect the constitution, not want to violate the substance. It does not make the march on Rome and transform the classroom space for the paddles, but wants to establish, without opinion, a disguised dictatorship. So, what to do to gain control of schools and to transform the State schools into Party schools? He realizes that the State schools have the defect of being impartial. There is some resistance, in those schools is always there, even under fascism has been there. Then, the dominant party follows another path (it's all a theoretical hypothesis, mind you).
starts to neglect the public schools to discredit, to impoverish. Let it anemizzino and begins to favor private schools. Not all private schools. The schools of his party, that party. And then all these treatments are beginning to go to private schools. Cure of money and privileges. He even begins to advise the boys to go to these schools, because basically it says are better than those of the state. And maybe give themselves awards, as now I will tell you, or proposes to give awards to citizens who are willing to send their children to public schools rather than private schools. A "those" private schools. The exams are easier, unless you study and you do best. So "the private school becomes a privileged school. The party dominant, they can not openly transform the State schools in Party schools, send the dogs to schools to give priority to the state's private schools.
careful, friends, this conference this is the point that we must discuss. Warning, this is the recipe. We must keep an eye on the cooks of this low kitchen. The operation is done in three ways: (1) I have already said, ruin the State schools. Let go to hell. Depleting their budgets. Ignore their needs. (2) Mitigating the supervision and control over private schools. Do not check its reliability. Let the teachers teach you that do not have the minimum qualifications to teach. Let the examinations are jokes. (3) Giving public money to private schools. This is the point. Giving public money to private schools! The latter is the most dangerous. "The most dangerous phase of the whole operation [...] . This then is the point, is the most dangerous method. Money for all citizens, all taxpayers of all believers in different religions, all belonging to different parties, which instead is intended to contribute to the schools of one religion, one sect, of one party [...] .
To predict this risk, it did not take a lot of mischief. During the Constituent Assembly, to prevent it in art. 33 of the Constitution was put this provision: "Public and private persons have the right to establish schools and educational institutions at no cost to the state." As you know this formula was born from a compromise, and like all born of compromise formulas, has the right today to sophistical interpretations [...] . But there's another issue that came up, which should allow to circumvent the law. This is what we lawyers call the "circumvention of the law", which is that something that customers ask causidici unscrupulous, to which the customer is aimed to find out how it can break the law appearing to observe [...] . And so coming off the idea of \u200b\u200bfamily allowance, education of family allowance.
Minister of Education at the International Congress of the Family Institute, said the private school must serve to "stimulate" the most non-state expenditures for education, but should not be excluded that the state gives subsidies to private schools . But he added: think, if a father wants to send his son to private school, they need to pay taxes. And this father is a citizen as a taxpayer who has already paid its fee to participate in the spending that the state pays for public schools. So this poor father has to pay twice the fee. Then this worthy citizen who wants to send her son to private school, to lift this double burden, it is given a family allowance. Who wants to send her son to private school, then turns to the state and has a grant, a check [...] . The
send his son to private school is a right, so says the Constitution, but is a right to have it pay? "A right one, if you want, not exercise, but at their own expense. The citizen who wants to send her son to private school, if you pay, if not send him to public school.
To take a comparison, in the field of Justice could make a similar speech. You know how to get justice courts are public, however, citizens have the right to decide their dispute even by the officials. But arbitration is expensive and often costs hundreds of thousands of dollars. Yet it has never occurred to a citizen, who prefers public arbitration courts, to apply to the State to ask for a subsidy in order to pay for the referees! [...] . So this game of family allowances would, if adopted, a kind of incentive paid to boycott the schools of the State and therefore an indirect way of encouraging some schools, a reward for those who send their children to private schools where they made some citizens and not even the believers in a certain religion, something that can be respectable, but the voters of a certain manufacturing party [...] .
Then, in the reform, there is the issue of equality. Article. In paragraph 33 of the Constitution which refers to equality, says: "The law, in establishing rights and obligations of private education, which calls for equality, it must ensure freedom, a treatment equivalent to that of state schools" [...] . Equal, s, "but we must remember that first of all, before granting equality, the state, says the same art. 33, to fix the rights and obligations of the school that gives this tie, and remember that for another paragraph of that article, the state has the task of presenting the general rules on education. So this equality does not mean surrender to ensure, to check the reliability of the studies, programs, teacher qualifications, seriousness of the evidence. In short we must avoid this nauseating system, this repulsive system is encouraging schools to compete with the downward: that the state promotes not only the competition of private school with the public school but that the state encourages this competition in favor of the school where he teaches worse, with a real encouragement to the official bestiality [...] .
However, this reform gives me the impression that those figures were fashionable when I was a kid. In those figures could be seen forests, trees, ponds, mountains, all a tangle of branches and birds and many other beautiful things and then below it said find the hunter. Then, by dint of trying, in a corner, was the hunter with his gun leveled. Although the reform is the hunter with a gun leveled. "The private school you want transformed into a privileged school. This is the point that matters. Everything else, astronomical figures of billions, will be far in the future, but the private school, if you're not careful, you really really tomorrow. The private school becomes a privileged school and from there begins the totalitarian school, the transformation from school to school in the Democratic party.
And then there's another danger, perhaps even more serious. "The danger of moral decay in the school. This sense of distrust, cynicism, rather than skepticism that is spreading in schools, especially among young people, is very significant. "The sunset of the ideas of the old school of Gaetano Salvemini, Augusto Monti: reliability, accuracy, honesty, punctuality. These simple ideas. Doing their duty, to teach. And that school is a school of character, forming consciences, to forming honest and loyal. Is spreading the idea that all this is over, that is no more. Today valid support, recommendations, pieces of a party or a parish. The religion that is in itself a serious matter, perhaps most serious, because the most serious thing in life is death, it becomes a despicable excuse for doing their business. This is the danger: the school's moral decay. It is not the school of priests that frightens us, because one hundred years ago there were schools where priests could teach Latin and Italian and which brought forth such men as Carducci. What particularly scares are dishonest, men without character, without faith, without opinions. Ten years ago these men were Fascists, five years ago words were anti-fascists, and now are back under different names, that is, in substance fascist profiteers of the system.
And there is another danger to be overcome by discouragement. But we must not be overcome by discouragement. You see, it was rightly said that whoever won the war of 1918 was the Italian school, because those boys, whose bodies are still on the Carso, came out of our schools and our colleges and our universities. But look also at the Liberation and Resistance what happened. "Happened the same. There were professors and teachers who have given wonderful examples, from prison to martyrdom. A teacher who for many years serenely facing jail fascist is here among us. And all of us, old teachers we have in our heart the names of any students who were able to withstand the torture, who gave blood for the freedom of Italy. Think of these guys that came out of our schools and our thinking about them, do not despair of the future. We are faithful to the Resistance. We must, friends, schools continue to defend the strength and continuity of moral conscience.
Piero Calamandrei
speech at the Third Congress in defense of the National School
Rome February 11, 1950
Biography
Piero Calamandrei
Born in Florence in 1889. He graduated in law at Pisa in 1912 and in 1915 he was appointed professor of civil procedure to contest the University of Messina in 1918 was called the University of Modena, in 1920 in Siena and in 1924 the new Law Faculty Florence, where he held until his death professor of civil procedure law.
participated in the Great War as an official volunteer fighter in the 218 ° Infantry Regiment, came up with the rank of captain and was later promoted to lieutenant colonel. Soon after the advent of fascism was a member of the Governing Council of the 'National Union' was founded by Giovanni Amendola. During the Fascist period was one of the few professors who did not have the card or churches while continuing to be part of the underground movements. He contributed to the "Do not give up 'in 1941 acceded to the Justice and Freedom" and in 1942 was among the founders of the Action Party. Together with Francesco Carnelutti
Redeemed and Henry was one of the main inspirations of the Code of Civil Procedure of 1940, where they found the legislative formulation of the fundamental teachings of the school Chiovenda. He resigned from university professor to not sign a letter of submission to the Duce that was sought by the Rector of the time.
Appointed Chancellor of the University of Florence July 26, 1943, after he was struck by Sept. 8 arrest warrant, so that effectively exercised its mandate in 1944, that the liberation of Florence, October 1947.
President of the Bar Council from 1946 to death, was part of the National Constituent Assembly and on behalf of the Party Action. He participated actively in the parliamentary election as a member of the Executive Committee of Inquiry and the Committee on the Constitution. His interventions in the debates of the Assembly were broad response: especially his speeches on the general plan of the Constitution, the Lateran Agreements, the insolubility of marriage, the judiciary. In 1948 he was deputy to 'Socialist Unity'. In 1953 he took part in the founding of the movement of "Popular Unity" along with Ferruccio Parri, Tristan Codignola and others.
Accademia Nazionale dei Lincei, director of comparative procedural law at the University of Florence, Director Carnelutti with the 'Law Review of the case "with Finzi, and Paoli Lessona of the journal The Forum Tuscan' and Alessandro Levi's 'systematic commentary of the Italian Constitution', in April 1945 he founded the literary-political journal" Bridge . died in Florence in 1956.
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