Search results for "Filosofia del diritto"
showing 10 items of 632 documents
Misrecognition and Reinvention of Stigmatised Cultural Heritages. The case of the 'Romani People'.
2017
Diritti sociali Per una critica di alcuni luoghi comuni
2016
The article reconstructs and critically assesses some of the most recurring arguments in legal and political philosophy to the effect that social rights are different in structure from, and necessarily incompatible with, the more familiar civil and political liberties. The author shows that social rights and civil and political liberties have in common more than meets the eye, and so they are different in degree rather than in kind. Moreover, while these rights can certainly happen to conflict one against the other in particular instances, they prove not only to be compatible but even mutually reinforcing as far as their respective axiological foundations are concerned.
Dall’ordinamento al ragionamento
2017
Questo intervento è la mia replica al dibattito sul mio libro Teoria analitica del diritto I. La norma giuridica, al quale hanno partecipato Gaetano Carlizzi, Vincenzo Omaggio, e Vito Velluzzi. Colgo l’occasione di questo intervento, e delle perspicue osservazioni emerse nel dibattito, per chiarire un paio di punti specifici del mio libro, e per ritornare sul progetto complessivo che lo anima. This is my rejoinder to the debate with Gaetano Carlizzi, Vincenzo Omaggio, and Vito Velluzzi on my book Teoria analitica del diritto I. La norma giuridica. I gladly use this opportunity, and the insightful remarks provided by my commentators, to clarify a couple of points that I already made in my bo…
Cheng Liaoyuan e Wang Renbo, 'Quanli lun' ('权利论', 'Teoria dei diritti') Guangxi Normal University Press, 2014
2017
Chinese theories of rights are illustrated and critically assessed against traditional legal thinking and Marxist contemporary orthodox legal ideology.
Vaccinazioni obbligatorie e diritti fondamentali: la paradossale condizione del minore alla luce del DL n. 73/2017
2019
The aim of this essay is to reflect on the governance of unvaccinated Italian children aged between zero and six years, due to the new regulatory system on mandatory vaccination in Italy (Law Decree no. 73/2017, converted into Law no. 119/2017). In order to strengthen and protect the right to health, the Italian government first, and then the lawmakers, set forth a specific prohibition preventing unvaccinated children from attending preschool, whether public or private. The first part of this paper deals with the opportunity to translate the access to preschool in the language of fundamental rights. It will then move to a deep analysis of D.-L. no. 73/2017 and its coercive system, with a vi…
Normative Legal Positivism, Neutrality, and the Rule of Law
2013
Usually, in jurisprudential debates what is discussed under the rubric of ‘neutrality’ is the claim that jurisprudence is (or at least can, and should be) a conceptual, or descriptive - thus, non-normative, or morally neutral - inquiry. I discuss neutrality in an altogether different sense, namely, neutrality as an ethico-political ideal the law should meet. My starting point is normative legal positivism, or the claim that it is a good and desirable thing that the laws have easily identifiable, readily accessible, as far as possible non-controversial social sources. What justifies normative legal positivism, I claim, is the value - or the ideal - of neutrality, suitably understood. I.e., w…
Dalla svolta linguistica alla svolta interpretativa: ermeneutica giuridica e filosofia giusanalitica a confronto
2020
The interpretative turn that characterized the legal philosophical debate in the last decades offers a privileged viewpoint to observe the dispute between legal analytical philosophy and legal hermeneutics. On one hand it is certainly true that the two traditions of thought have actually been converging for many years; on the other, it is worth noting that legal analytical philosophers are struggling to accept the interpretative turn and, as a consequence, to abandon the neutrality thesis peculiar of methodological legal positivism. Looking at the hermeneutics instead, its next step should be that of rejecting the one right answer thesis, with the awareness that it does not necessarily lead…
Virtù e professioni giuridiche: i limiti della deontologia
2022
After analyzing some Italian recent trends on the ethics of legal professions, and comparing this debate with the discussion abroad, it is introduced the difference between deontology and ethics of legal professions, and pros and cons of the approach of virtue ethics are pondered. In the final part, the legal virtues are linked to the virtue of law, the rule of law, in order to show that the success of law as a practice depends also on virtues of legal practitioners.