GARTA'NO, was born at Naples in 1752, of a noble family. In his early youth he did not exhibit any signs of extraordis nary talent, but after being put under the care of Monsignor do Luca, bishop of Trivento, he made rapid progress in the classical languages, mathematics, and philosophy. In 1774 a reform in the judicial administration was determined on by the ministers of King Ferdinand, by which the judges of the various courts were in future to explain the grounds of their decisions by referring to some existing law appli cable to each respective case, and in default of such a law to ask the king for his decision. This determination, which checked the till then absolute discretion of the courts, was strongly opposed by the judges, supported by most of the law practitioners, as offensive to the dignity and independence of the courts, and they published a violent memorial on the occasion. Filangieri took up the matter, and wrote a reply, showing the absurdity and impertinence of the objection, as insulting alike to the liberty of the citizen and to the authority of the crown : 'Iliflessioni politiche sulla Legge Sovrana del 23 di Settembra, del 1774.' The work was favourably noticed by the government, which enforced its decree regardless of the clamours of the interested party. Those were times of useful reforms and enlightened administration at Naples, when Genovesi, De Iorio, Galanti, Palmieri, Gallant, and other learned men were encouraged in suggesting improvements which were at least in part acted upon. In 1780, Filangieri, then twenty-eight years of age, published the first volume of his great work, Scienza della Legislazione,' which made him known throughout Europe : be went on publishing the successive volumes in the following years. In 1787 he was appointed a member of the Supreme Council or Board of Finances, a department which stood also in need of reforms. In July 1788 he died, when only thirty-six years of age, regretted by all Naples, and leaving his work on legislation incomplete. The work however has gone through many editions, and has been translated into several languages; one of the best editions of the Italian text is that of the ' ClIssici Italiani,' 6 vols. 8vo, Milan, 1822, to which are
added his Opuseoli Scelti,' or minor works. Among the translations the French one (Paris, 1822) contains a biography of Filangieri by his countryman, Sala. Benjamin Constant wrote a Cornmentaire snr l'Ouvrage de Filangieri,' 2 vols. 8vo, Paris, 1822-21.
Filangieri aimed at effecting a change in legislation without a cor responding change in the forms of the government, and in his time, and especially in Italy, where numerous and important reforms emanated from the sovereigns themselves, this course appeared both reasonable and prudent. He says, in the introduction to his work, that " his only object was to facilitate to the sovereigns of his age the task of a new legislation," and his strong recommendation to them is to abolish all pernicious or useless laws, and to be sparing in making new ones without a real necessity. Like his contemporary, Beccaria, be adopted tho theory then prevailing in France, of an original social contract, by which every individual had resigned for himself and his descendants his right of self-defence which he possessed iu a state of nature to the collective body of society, giving it thereby the right of pnuishing any one who made attempts against the security of another (' Scienza della Legialazione; 11, 26). This fiction has been since overthrown by other writers, and in Italy especially by Romagnosi in Geneai del diritto Penale,' 1791, and in his Assunto primo della Scicnza del Diritto Naturale; 1820. See also on this subject another Italian, Professor Rossi, in his Traitti de droit P6nal,' Paris, 1835.
On some questions of political economy, on population, agriculture, &c., Filangieri shared the opinions prevalent in his time, which have been since exploded or modified by modern economists. Notwith standing these and other blemishes, the work of Filangieri has still great merit ; it suggests many useful ideas, and is throughout inspired by a sincere love for mankind, and an honest sincerity of purpose. The commentary of Benjamin Constant forms a very useful supple ment to it.