Search results for "Human right"
showing 10 items of 476 documents
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.
I diritti umani e lo ius gentium del nostro tempo
2021
The chapter aims at examining the possibility of considering human rights as part of current ius gentium. To this end, it faces the universality of rights, their relationships with ius naturale and the consensus at the ground of human rights.
Meccanismi di protezione e soggettività dei diritti, tra nazionalismo e cosmopolitismo
2007
Il contributo esamina l’accusa ai diritti umani come diritti di carta (non giustiziabili, non effettivi) a partire dalla loro natura di principi giuridici all’interno di una pratica internazionale. I meccanismi di protezione allora abbracciano una pluralità di strumenti, domestici e internazionali, sia convenzionali, sia giurisdizionali, di cui si dà conto in modo specifico.
Cosmopolitanism and Human Rights
2015
It is proposed a difference between inclusive and exclusive comsopolitanis. Human rights are partially cosmopolitan in both ways.
Introduzione. Le cliniche legali: una prospettiva filosofico-giuridica
2019
Does a clinical legal approach tell us something interesting about the nature and the concept of law? This is the main question that this focus will try to answer in affirmative terms. This is a question of legal epistemology that seems not to be so interesting for clinical jurists. Indeed, clinical jurists above all emphasize the importance of legal clinics from the viewpoint of education and social justice, but neglect the contribution that a clinical legal method can offer with respect to the knowledge of law. The papers included in this focus face, from a legal philosophical perspective, each in its own way, the phenomenon of legal clinic approach, which it is spreading in Italy since a…