Search results for "Sovereignty"
showing 10 items of 106 documents
La crimmigration e l'espulsione dello straniero-massa
2017
The article primarily aims at offering a theoretical reconstruction of the fundamen- tal characteristics of the so-called crimmigration strategy, as it appears in Italian law. The author’s main thesis is that what differentiates this strategy from the ways in which Italy has traditionally dealt with undesired foreigners is not so much the instruments that are deployed, but the way in which the foreigner him/herself is conceived: not as an individual, but as a “mass-foreigner”. The paper goes on to show how this new conception has affected the legal regulation of expulsions, as it has emerged, in Italy, during the last thirty years. Finally, the author tries to locate crimmigration within th…
il concetto di danno nell'etica liberale e i suoi critici
2017
The Concept of Harm according to Liberal Ethics and Its Critics. In this article, I will look at the harm principle and the concept of harm, analysing their importance from a philosophical and legal point of view and addressing some objections that Arthur Ripstein and Ronald Dworkin advance against the harm principle.
A Just Criminalization of Irregular Immigration: Is It Possible?
2015
The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration (IM) a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving stat…
State Without Territory: a legal-political heresy
2021
The sovereign, territorial, nation state form has imposed itself globally. Nevertheless, as Carl Schmitt points out: «Statehood is not a universal concept, valid for all times and all peoples». In other words, state is not the only possible way to establish a relationship between space, humanity and power. This paper intends to historicise the current geopolitical paradigm and drafting a heresy of the public law doctrine: a State Without Territory, a diasporic political community reclaiming some of the traditional government functions. In order to rethink the state concept, a pattern that shapes and affects so strongly both external reality and our minds, a methodology is needed. The author…
Re e lupi mannari: il Lai di Bisclavret e altri esempi dalla letteratura d’oïl
2021
Focusing on identities and conflicts in literature, this article proposes an analysis of the bifid, metamorphic and conflictual figure of the werewolf. Particularly, Marie de France’s Lay of Bisclavret is analyzed in the light of Giorgio Agamben’s philosophical-anthropological theory about the Homo sacer. Comparing the wolf-man to the “sacred man,” this theory not only does it allow us to understand the liminal juridical essence of the werewolf in medieval society, but it also explains the central role of sovereignty in the “recognition” of the wolf-man, in its reintroduction into the civil context of the court, and therefore in the resolution of “conflicts” and in the re-establishment of a…
The Double Paradigm of Power
2010
As everybody knows, power is a ugly thing, escaping an immediate catch that is aimed to represent it in a univocal way. In the western culture, its conformation is investigated by the classic metaphysical question – what is power? – so inexorably linking it to its essence, that yet defines the perimeter of truth in connection with its existence: in fact that question is possible only for what it is, not for what it is not (i.e. nihilism); things as they are given, they are so in their essence, that is unalterable in time and not deniable as truth effect. If things are by essence, they are true. So and not otherwise, that’s all! The primacy of essence as a real signification of things in the…
The limits of subtractive politics: Agamben and Rousseau’s inheritance
2020
The article critically engages with Giorgio Agamben’s reading of Rousseau in order to explore the affinities between the two authors’ subtractive approach to political subjectivation. In The Kingdom and the Glory. Agamben argues that Rousseau’s Social Contract reproduces, in a secularized manner, the providential paradigm of government, whose origins Agamben finds in early Christianity. This paradigm establishes a fictitious articulation between transcendent sovereignty and immanent government, presenting particular acts of government as emanating from general divine laws. We shall demonstrate that Rousseau was neither unaware of the problematic character of this paradigm nor did he venture…
The Ill-Fated Union: Constitutional Entrenchment of Rights and the Will Theory from Rousseau to Waldron
2014
This chapter revisits the key theses of Georg’s Jellinek’s Declaration of the Rights of Man and of Citizens: A Contribution to Modern Constitutional History [1895]. The objective of this chapter is to expose the ‘umbilical cord’ that linked the notion of ‘constitutional’ rights and the will theory, on one side, and the internal incompatibility of notion of ‘inalienable rights’ with the will theory – reflecting an unabated conflict of the doctrines of parliamentary supremacy and constitutional rights, on another side. These doctrines are part of both ‘continental’ and ‘common law’ traditions. Our intent is also to reflect on the shared groundwork of the doctrine of sovereignty of Hobbes, Aus…
Book Review: A Foucauldian Interpretation of Modern Law: From Sovereignty to Normalization and Beyond
2019
Measuring Populist Attitudes on Three Dimensions
2018
Theoretically, populism has been conceptualized as a political ideology with three sub-dimensions: anti-elitism attitudes, a preference for popular sovereignty, and a belief in the homogeneity and virtuousness of the people. However, empirical research to date has treated populist attitudes as a unidimensional construct. To address this issue, we propose to conceptualize populist attitudes as a latent higher-order construct with three distinct first-order dimensions. A 12-item inventory was developed using two survey studies conducted in Switzerland in 2014 and 2015. Exploratory and confirmatory factor analyses were used to test the construct validity of this measure of populist attitudes. …