Search results for " Right"
showing 10 items of 1166 documents
Città, diritti e pratiche di mutualismo: riflessioni a partire dalle istanze comunitarie ai tempi della pandemia
2022
During the pandemic crisis, the “community” practices of mutualism have characterized the urban space by operating in a subsidiary, if not a substitute, manner with respect to public institutions. Their actions have been political in the sense in which Hannah Arendt defined this concept. Starting from a reflection on vulnerabilities, taking a case study as the object, and dialoguing with Orsetta Giolo’s essay, The rights against the city. Urban space, subjectivity and the public sphere, published in 2021, the potential and limits of these practices will be analyzed, along with their relationship with established power, with respect to the renewed tension between rights and territoriality, w…
La fine dell'età dei diritti
2013
Norberto Bobbio’s introduced the expression “age of rights” to indicate the idea of an universal consensus on some values which can be interpreted as a signum prognosticum – in kantian terms – of mankind’s moral progress. The symbolic starting point of this age is the Universal Declaration of Human Rights proclaimed in 1948. In this paper the expression “the end of the age of rights” is value free and it is used to sign the replacement of the model of social organization imagined by Bobbio and many others after the second world-war in favour of a different model according to which human rights become a sort of lingua franca. As a consequence, it is not paradoxically at all to decree the end…
Religione civile: uso e abuso di un concetto
2013
Civil religion: uses and misuses of a concept. The analysis of the concept of “civil religion” shows an ambiguity caused by the mix between religion and morality, and religion and politics. The idea behind is the sacralization of politics in order to assure its autonomy from historic religions. Civil religion supporters individuate in this cultural position two positive results: the opening of politics to transcendence and the ethical legitimation of communitarian linkages. The article examines these two aspects, in the light of constitutionalism, human rights and current pluralism. The conclusion is that the concept must be considered misleading.
Sulla rilevanza giuridica e costituzionale dell’identità religiosa
2015
The essay reviews the issue of the legal relevance of religious identity, and of its possible scope, from the standpoint of the values that underpin contemporary constitutional States (equality, liberty, dignity, secularism). The essay will try to show that, in the light of the aforementioned values, religious identity has in fact legal and constitutional relevance. This does not imply, however, that legal claims based on religious identity should receive absolute legal protection - rather, they are bound to be consistently balanced against other constitutionally relevant rights and interests.
Multiculturalismo liberale, neutralità e Rule of Law
2011
Most contemporary liberal theories of justice agree that principles of justice should be neutral between citizens’ conceptions of the good life. In this essay, I assume that the liberal doctrine of state neutrality can somehow be defended against its critics. y first aim is to show that a certain connection holds between liberal neutrality, suitably understood, on the one hand, and, on the other hand, the Rule of Law. By the ‘Rule of Law’ I mean, as has now become usual among legal theorists, a set of formal and institutional features the law may possess in varying degrees. These features define an ideal, which laws have traditionally been expected to live up to. It is, under many respects,…
Liberal Multiculturalism, neutrality and the Rule of Law
2011
Most contemporary liberal theories of justice agree that principles of justice should be neutral between citizens’ conceptions of the good life. In this essay, I assume that the liberal doctrine of state neutrality can somehow be defended against its critics. y first aim is to show that a certain connection holds between liberal neutrality, suitably understood, on the one hand, and, on the other hand, the Rule of Law. By the ‘Rule of Law’ I mean, as has now become usual among legal theorists, a set of formal and institutional features the law may possess in varying degrees. These features define an ideal, which laws have traditionally been expected to live up to. It is, under many respects,…
Disobbedienza civile o lotta per il diritto? Un bilancio di cinque anni di criminalizzazione del soccorso in mare
2022
this contribution traces the main stages of the process of criminalization of non-governmental organizations' search and rescue activities in the Central Mediterranea Sea, to light the paradoxes and the shadows. The theoretical framework is that of the civil disobedience and its counterpart, the obligation to obey the law. This perspective, emblematic for investigating complexity, limits and potential of the law itself, has been used because it can bring out the specificity of the positions assumed by the main players involved in the events, as well as the legal and socio-cultural consequences of their actions, by interrogating the dimensions of legality and justice.
Marxismo, giustizia sociale e garanzie dello Stato di diritto
2020
In the last decades the interest of philosophers and political scientists in Marx’s thinking is growing to recover those aspects of his theory that are believed to be still valid: above all, the aspiration to social justice. In this perspective, it is important to reflect on the relationship between the Marxian conception of the State and the law, and the totali- tarian State that arose after the Bolshevik revolution in Russia. Marx’s thesis, rejecting the Rule of Law and human rights as functional to the domination of the capitalist class, legitimised an instrumental conception of law and the model of political centralisation, which was provided for in the Leninist programme and then imple…
Права людини, мир та концепція права. Історія незавершеної юридичної революції
2019
The article examines some central questions regarding the evolution of law in the light of the presence of the practice of protecting human rights, in the domestic and in the international domains. It identifies a shift in the same practice of human rights, visible in the coming back of war as a legitimate mean, and asserts that that shift is a defective reading of the same practice of human rights, connected to the resistance of law to the challenge represented by rights.
Grounds for Asylum in the United Kingdom: Legal Materials, Case Studies, and Reflections from the Perspective of a County of Origin Expert
2019
This book is intended as a guide and support for legal practitioners in the field of asylum law. Each case-study deals with topics that, though extremely specific, relate to broader issues that country of origin experts often deal with: religious freedom, human slavery, integrity of the person, sexual orientation and gender identity. These topics are presented in a practical, clear and schematic manner, each chapter organised in a distinct, almost diagrammatic way, to make the reader familiar with the structure that typically characterises country of origin reports - the medium that is most used by experts - a structure that necessarily is concise and crisp.