Search results for " exception"
showing 10 items of 46 documents
Authoritarian exclusion and laissez‐faire inclusion: Comparing the punishment of men convicted of sex offenses in England & Wales and Norway*
2021
Abstract: Comparative penologists have described neoliberal and social democratic jurisdictions as though they exist at opposite ends of a continuum of inclusion and exclusion, and as though neoliberal states are inactive and social democratic states are invasive. This article, which is based on more than 129 interviews with men convicted of sex offenses in England & Wales and Norway, uses Cohen's work on inclusion and McNeill's typology of rehabilitative forms to complicate this simplistic binary. It argues that the punishment of men convicted of sex offenses in England & Wales was demanding but exclusionary; it imposed strict legal restrictions on these men during and after their imprison…
Ragionamento giuridico. Particolarismo. In difesa di un approccio psicologistico
2017
Legal Reasoning, Particularism: In Defense of a Psychologistic Approach. In this paper I recommend a close examination of the reasons favouring a deep and potentially far reaching reorientation of legal theory, and of the theory of norms and norm-based reasoning and decision-making generally, namely, the adoption of a psychologistic approach (“psychodeontics”). I argue in favour of psychologism - not in the anstract, but - with reference to rwo particular topics: legal reasoning (specifically, the justification of judicial decisions) and the project of a of two-tier (principles v. rules) theory of law, informed by a particularistic conception of practical reasoning. I show that there are as…
Reasons, Rules, Exceptions. Towards a Psychological Account
2018
In this paper we defend a psychological account of rule-based reasoning, specifically of the relationship between rules and exceptions. The topic of our inquiry are the relations between rules, the reasons underlying them, and exceptions. In analysing these relations, first, we outline an apparent paradox, the “paradox of rules”, and a related problem, the “problem of reconsideration”. Then, we propose a solution to, or better dissolution of, the paradox, grounded in an account of the psychological processes underlying rule-application and reconsideration. We claim, that is, that the problem of reconsideration should be answered by appealing to matters of sheer psychological fact. The upsho…
Introduction to "Human Rights & Security: Justifying Exceptions"
2017
Since its introduction in the 1990s1, the concept of securitization has received widespread attention well beyond the field of international relations in the context of which it first appeared. The concept indicates the discursive process in which: (i) an agent claims (securitization move) the necessity to adopt exceptional measures which bring about serious violations of otherwise binding rules, in order to protect a certain value from a grave and extraordinary threat, with the scope of convincing a specific audience to accept those measures and the violations to follow; (ii) the move is successful and the audience effectively accepts the exceptional measures (securitization). One of the p…
Human Rights & Security: Justifying Exceptions
2017
Since its introduction in the 1990s1, the concept of securitization has received widespread attention well beyond the field of international relations in the context of which it first appeared. The concept indicates the discursive process in which: (i) an agent claims (securitization move) the necessity to adopt exceptional measures which bring about serious violations of otherwise binding rules, in order to protect a certain value from a grave and extraordinary threat, with the scope of convincing a specific audience to accept those measures and the violations to follow; (ii) the move is successful and the audience effectively accepts the exceptional measures (securitization). One of the p…
‘Landscape of exception’: Power inequalities and ethical planning challenges in the landscape transformation of south-eastern Sicily
2021
In some marginal contexts of Southern Italy, in light of specific economic, political and social conditions, certain relationships between ‘strong powers’ and ‘weak powers’ produce a suspension of norms/rights that is, paradoxically, ‘normalised’. This creates a particular spatial variation of Agamben’s (2005) state of exception concept: the ‘landscape of exception’. With respect to the possible conditions of ‘exception’, this article describes the ‘landscape of exception’ of the greenhouse system in South-Eastern Sicily. This ‘landscape of exception’ is generated by the greenhouses, in particular those dedicated to vegetable production, through an effective mechanism of spatial manipulati…
Think transformational leadership – Think female?
2015
This study examines whether the behaviors of transformational, transactional, and laissez-faire leadership are perceived as being more typical of female or male leaders. In a questionnaire study, 113 participants in Germany were asked to rate the probability of occurrence of a specific leadership behavior for male and female leaders, respectively. A diagnostic ratio for each leadership behavior allows the determination of the direction and degree of gender-specific evaluations. As predicted, transformational leadership is believed to be more typical of female leaders. Nevertheless, inspirational motivation and idealized influence attributed are rated as being gender neutral. For transactio…
La cultura ci salverà? Processi di touristification a base culturale nel centro storico di Palermo
2023
Negli ultimi tre decenni la cultura ha avuto un ruolo chiave nella costruzione delle politiche urbane, divenendo uno strumento decisivo nella definizione delle strategie di sviluppo economico e nell’accesso alla competizione globale che caratterizzano l’attuale regime di neoliberismo urbano (Miles e Paddison 2005). Anche nel sud Europa la cosiddetta rigenerazione a base culturale ha rappresentato e continua ancora oggi a rappresentare una vera e propria ortodossia urbana, che trova nel turismo tanto una ragione di esistenza quanto un campo di attuazione. In particolare, negli ultimi anni i centri storici di molte città sudeuropee sono stati oggetto di trasformazioni profonde in cui pratiche…
Parte III. Cap. IX. I Fattori della produzione agricola.
2021
The process of modernization and innovation in the agricultural sector requires careful analysis regarding financial resources and the need to strengthen economic structures within it. The specific discipline of agricultural credit is different from that provided for other productive activities. The "naturalness" of the agricultural product is reflected in the incidence of credit risk. These economic evaluations, which are at the basis of what is known as agricultural exceptionalism, have repercussions on the legal system of access to credit, requiring, for example, a differentiated system of evaluation of creditworthiness.
Contributo allo studio dell'eccezione nel processo civile. 1) Concetti e principi generali
2013
La storia della teoria dell’eccezione, scrive Schwalbach, mostra una serie ininterrotta di malintesi. Ed in effetti l’istituto, dalla sua lontana origine nel processo formulare romano ad oggi, è stato caratterizzato da complesse e spesso contraddittorie evoluzioni e trasformazioni, parallelamente al mutare del contesto storico-sociale ed allo sviluppo della scienza giuridica. Tuttavia, scomparso il pretore e il mondo romano, scomparsa la visione medievale dell’impero e della compilazione giustinianea, l’istituto è, tuttavia, sopravvissuto legando indissolubilmente il suo significato alla teoria dell’azione. Definire l’eccezione vuol dire definire, innanzitutto, definire l’azione, osserva Co…