Search results for "RULE"
showing 10 items of 1403 documents
Il ritorno della giustizia nel diritto
2018
Il saggio vuole mostrare come il tema della giustizia è diventato preponderante nel diritto, dopo essere stato escluso a causa del dominio kelseniano. L'antiformalismo, la costituzionalizzazione, il tema dell'argomentazione giuridica, il rule of law, il ritorno delle virtù dei giuristi in campo deontologico, la questione della povertà e i diritti umani non possono essere affrontati senza coinvolgere la giustizia.
Interpretazione del diritto internazionale e rule of law
2020
The article discusses two main theses. The first one is the presence and forms of the rule of law in the international legal scenario. This task is developed through the analysis of three possible versions: the extension of the domestic rule of law to the obligations coming from international law, the rule of international law, and the international rule of law. The second thesis is that the rule of law plays a role in the interpretation of law. This role depends on legal science, considered the crucial resource of an international law of international lawyers. The final point regards then the relationships between international rule of law and legal science, and, in particular, the answeri…
Come il diritto inventa le identità
2012
Does the identity recorded by documents certify what you are or affect your way of being? Do the different classes of subjects to which the rules grant rights or impose obligations exist before being utilized by law? Is the role conferred by the institutions a false mask that can be dismissed at the end of a working day or is it a stubborn demon that possesses the soul of the man and the citizen? These questions introduce the issue of this paper: the relationship between Law and identity, in particular the contribution of legal sphere to the construction or manipulation of collective identities such as gender, race, nationality or class. The author opts for a constructivist approach and des…
Avvocatura, deontologia e concetto di diritto ovvero: perché studiare la deontologia forense fa bene alla filosofia del diritto
2021
The contribution examines the different versions of eliminativism concerning the concept of law (pragmatism, realism and reductivism), and shows that the very practice of law needs to focus on its concept.
Ermeneutica giuridica e pluralismo
2012
The traditional theory of legal interpretation has been worked out with reference to culturally homogeneous societies and on the basis of priority of domestic law.Nowadays both of these conditions has been vanished, because of cultural and legal pluralism. In this paper I aim to show that legal hermeneutics can cope with the problems that have been risen by contemporary pluralism. The main difficulty stems from the fact that philosophical hermeneutics too seems to necessarily require a kind of cultural homogeneity and steadiness that cannot be presupposed anymore.
Liberty and Equality as the Morality of the Rule of Law
2022
After presenting a schematic map of the concepts at stake (liberty, equality) in so far as they are relevant for the general topic (their relationship with rule of law – from now on RoL), and after examining different forms of their relationships, this entry focuses on the specificity of the relationship between liberty and equality in the legal context. The title suggests that a combination of liberty and equality is the very basis of every legal system inspired by RoL. This circumstance requires the identification of different versions of the idea of RoL.
Publicity and the Rule of Law
2021
By the ‘Rule of Law’ I mean 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. One of these features is publicity. Part of what constitutes the Rule of Law is the requirement that the laws should be public. This is the subject of this paper. When it is claimed that the Rule of Law requires that the laws should be public, what is to be understood by this claim? My main claim is that the Rule of Law requirement of publicity is best understood in terms of the notion of common, or mutual, knowledge. When it is required that the laws should be public, what should be meant by…
Non c’è diritto senza fiducia. In difesa di una concezione fiduciaria dl diritto
2022
The author critically discusses some main points of Tommaso Greco’s book La legge della fiducia. Greco distinguishes two models of law – the fiduciary model and the anti-fiduciary one – and supports the first model with good arguments. This review, while endorsing Greco’s conclusions, emphasizes some reason for perplexity and claims that the anti-fiduciary model of law helps to maintain a critical attitude towards the law.
Il progetto dell'Enlightenment Rule of Law e l'evoluzione del diritto
2019
The article examines Celano's conception of the Rule of Law in order to underline its limits. It identifies the main reason for its limits in the use of the methodology of analytical jurisprudence, that is not able to look at the law as it is: a differentiated phenomenon. The article proposes to look at contemporary law and to rethink the idea of the rule of law accordingly.
L'Oulipo ou la Nouvelle Vague du Classicisme
2010
The Oulipo establishes a new relationship with Antiquity, one which submits to a reevaluation and not to a process of destruction: by means of an analytic tendency, the Oulipo relives forgotten works or rereads the literature so dear to Classical tradition. With regards to its relationship with contemporary avant-garde, the Oulipo, which upholds the idea of a voluntary literature, opposes Surrealism, but shares with Tel Quel the playful notion of literature and the intent of reevaluating text as a practice founded on an handcrafted perception of a writer’s creation. The Oulipo’s answer to Nineteenthcentury Realism’s desire to break from narrative conventions animating Tel Quel and the Nouve…