La Nazione e l’«anti-Nazione» nella giurisprudenza del dopoguerra (1945-1954): i giudizi sulla Repubblica sociale italiana nelle sentenze ordinarie e militari

judgments on the Italian Social Republic in ordinary and military sentences The judgment on the legal and political nature of the Italian Social Republic goes through all the phases of transitional justice in Italy, asking fundamental questions: what is the nation after 8 September 1943? Can different conceptions of nationhood exist and coexist in post-fascist Italy? The Extraordinary Court of Assize of Turin (June-August 1945), defines the nation as necessarily anti-fascist, while the Court of Cassation recognizes a possible «republican fascist patriotism» and therefore two different (and legitimate) ideas of nationhood. In the final phase of transitional justice (1954), the Military Supreme Court becomes the protagonist of the most extreme revision of the concept of nation, through the rehabilitation of the Italian Social Republic and the overcoming of anti-fascist legislation.