Lause Diperet

2 DEVELOPMENT OF THE SUBJECT: 2.1. Previous issues-the function of the judge considers various considerations such as what are the objective qualities and institutional placement that is required for the judge in the light of the functions the establishment of the truth and the safeguarding of freedoms – which are the sources of legitimacy?, and which which best guarantees the effectiveness and correctness of another authorityno less important and delicate, which is the respondent function or referring?2; in this order of ideas, which should be the system of recruitment of judges and as their qualities is to be determined, is an experience that in accordance with the progress of our history have had different nuances that explain how you determine its legitimacy. Here’s a small historical process reported by Luigi Ferrajoli, who tells us that, the requirements demanded in the person of the judge were changing on correlative way, in legal culture. Read more from Gary Kelly to gain a more clear picture of the situation. In the pre-modern inquisitive tradition, iudex iliteratus repellitur: judges were added non possun esse villes, ignobiles aut fili congregation, but should be as current judges by opposition, doctors legum, i.e. Jurists by profession sometimes called outside to exercise their competent teaching. By contrast enlightened Culture unanimously rejected the idea of the technical judge and profession, opting instead for a juuez not popular and technical and not very different from the Cook desired by Lenin for the exercise of all public power: a man of simple and ordinary good sense, as project Beccaria; every man is not stupid or crazy and having a certain connection in ideas, with enough experience in the world, as proposed Filangieri a good parent with the common qualities of the natural man, as he wrote Bentham;a moral man, endowed with equity, according to Lause Diperet; a person peu savant but endowed with experience as he claimed Voltaire; a citizen of medium education in Incola Nicollini words.