Les techniques juridiques d’incitation à la production cinématographique en Italie et en France: le symbole d’une transition démocratique inachevée dans le Bel Paese

This article focuses on support schemes for film production in Italy and France, which can be included within the framework of the promotional function of law that has been theorised by Norberto Bobbio. This function shows a side “other” than that of constraint; it allows to foster some behaviors. This article analyses the sources of support schemes for film production, as well as their transformation. In order to do so, it examines the legal interventions that have been developed in Italy and France since the Twenties until the end of the Second World War and during the post-war years, and the constitutional law of these countries. This article uses cinema as a metaphor of the Italian democratic transition. It argues that the authoritarian period has had a strong influence on the structure of the Italian support schemes for film production and that these schemes did not go through a profound restructuring and rethinking during the post-war years. They therefore did not go through a deep process of democratisation.