Search results for " Human Dignity"
showing 3 items of 3 documents
Brevi note comparatistiche in tema di suicidio assistito
2019
The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.
La forza dell’argomento peggiore. La retorica paternalista nell’argomentazione morale e giuridica
2012
In this essay, I shall analyze some arguments advanced for legal paternalism, which are fallacious or rationally insufficient. Some of the worst arguments for legal paternalism. For example, the argument of life’s sacred value, the argument of human dignity or the argument of common good. Why it is important to defend legal antipaternalism against these arguments? Because they are, in spite of their weakness, rhetorically very used in philosophical, ethical, legal, judicial debate. They likely dissimulate other arguments considered less persuasive, like the theological argument or the moral perfectionist argument for legal paternalism
Slaveries and new slaveries: Which role for human dignity?
2019
This paper aims at reflecting on the role of the notion of "human dignity" with respect to slavery and new slaveries. First of all, a very brief reflection is carried out on the different legal meanings of the notion at stake in general terms (para. 2). On this basis, some remarks are developed with specific regard to the role played by dignity concerning new slaveries in the case law of international tribunals (European and Inter-American Courts of Human Rights, International Criminal Court, International Criminal Tribunal for the Former Yugoslavia: paras 3 and 4), particularly in the very recent case law of the European Court (para. 5) Such a role is far from being insignificant: the idea…