Acceso usuarios
Lorenzo Gaeta
It is a generally accepted postulate that social legislation could achieve its aim of protecting workers only by becoming public law and by giving up the false egalitarian outlook of private law. The history of industrial accidents seems to demonstrate the contrary. Private law contained already the proper instruments to realize a good protection, and this by means of the concept of objective re-sponsibility. This was, however, immediately rejected when exten¬ded to relations between employers and employees. The choice of the «publicization» — supported by liberal as well as by the so-called (or self-appointed) «progressive» scholars — revealed itself to be a new instrument of a social pacification policy.
Once the inclusion of social legislation inclusion within public law was consolidated, the dispute shifted to the general theoretical consequences which this fact might involve in the labour law sys-tem. It prevailed the opinion that removed social legislation from individual employment law, whose private law (hence roman law) «purity» was once more confirmed. Henceforth, «labour law» and «social insurance law» followed different and separate routes
