Search results for "convention"

Rule of Recognition, Convention and Obligation. What Shapiro Can Still Learn From Hart’s Mistakes

2012

Shapiro works out a version of legal positivism, taking as its starting point Hart’s practice theory of law. Some serious limits of Hart’s practice theory of norms concern the conception of legal obligation and normativity of law. In this chapter, I analyze the limits of Hart’s conception of legal normativity and I appraise whether the planning theory of law indicates the correct direction for overcoming them. To anticipate the conclusion, my effort is to show that Shapiro replicates Hart’s mistakes on these subject matters. This chapter is divided into three main sections. First, I will present briefly a critical reconstruction of Hart’s conception of normativity, a reconstruction which is…

Pre-conventions. A fragment of the Background

2016

In this paper I argue that there exist conventions of a peculiar sort which are neither norms nor regularities of behaviour, partaking of both. I proceed as follows. After a brief analysis of the meaning of ‘convention’, I give some examples of the kind of phenomena I have in mind: bodily skills, know-how, taste and style, habitus (P. Bourdieu), “disciplines” (M. Foucault). Then I group some arguments supporting my claim: (i) considerations about the identity conditions of precedents (D. Lewis) and about the projectibility of predicates in inductive inference generally (N. Goodman); (ii) thoughts about rule-following (L. Wittgenstein); (iii) an examination of some of J. R. Searle’s ideas ab…

Preconvenciones: un fragmento del Trasfondo

2016

Abstract, In this paper I argue that there exist conventions of a peculiar sort, which are neither norms nor regularities of behaviour, partaking of both. I proceed as follows. After a sketchy analysis of the meaning of ‘convention’, I give some examples of the kind of phenomena I have in mind: bodily skills, know-how, taste and style, habitus (P. Bourdieu), “disciplines” (M. Foucault). Then I group some arguments supporting my claim: (i) considerations about the identity conditions of precedents (D. Lewis) and about the projectibility of predicates in inductive inference generally (N. Goodman); (ii) thoughts about rule-following (L. Wittgenstein); (iii) an examination of some of J. R. Sear…

Rules, Conventionalism and Normativity: Some Remarks Starting from Hart

2014

The paper deals with the “conventionalist turn” in legal positivism in relation to the matter of the duty to obey the law and legal normativity. In this respect, conventionalist legal positivism is worth considering (a) because it offers an explanation of legal normativity partly different vis-a-vis previous ones and (b) because it tries to preserve the autonomy of legal obligation from moral obligation and coercion, respectively. Here I will only focus on legal conventionalism as sketched out by Hart in the Postscript. Indeed, Hart’s conventionalism comes up against problems which to some extent also affect other distinguished versions of legal conventionalism like, for example, those work…

The Third Theory of Legal Objectivity

2013

The question of the objectivity of law rotates around the determination of the status of the norms that constitute the major premise of the practical syllogism representing the formal scheme of the justification of judicial decisions. Those who deny the objectivity of law believe that the existence and meaning of legal norms depend on the opinion of judges and jurists considered individually. The different versions of the objectivity of law reject this sceptical conclusion. The strongest versions of objectivity accepted by the different doctrines of natural law presuppose metaphysical realism and rule out the idea that what seems correct to someone can determine what is effectively correct;…

An immense task: Hart sull'obbligo di obbedire al diritto

2012

The topic of legal normativity absorbed Hart until the last years of his life. This paper offers a diachronic analysis of Hart’s perspective on the obligation to obey the law. The aim is to show that, at least as regards the justification of the obligation to obey the law, Hart’s former attempt to maintain the autonomy of law from morality and coercion is not convincing and that the “conventionalist turn” sketched in the Postscript leads to a dead end. Therefore, to give up the autonomy of legal obligation from moral obligation seems the only way forward, being aware that this move does not imply the abjuration of legal positivism.

El coste de una decisión que se no quiere tomar. Observaciones acerca de la introducción del delito de tortura en el ordenamiento italiano y un esboz…

2020

After a difficult and disputed drafting, on July 5, 2017, the Italian Parliament approved the Act n. 110/2017, which introduced the crime of torture in Italy. The lack of will of Italian Parliament in promulgating the law, even though Strasbourg Court urged in several occasion to reform the law in order to avoid cases of insufficient sanctions in case of violation of art. 3 of the European Convention on Human Rights, can be explained through a redefinition of the model of legislative rationality: legislator might be considered rational when it enacts ambiguous legislative texts at the lowest electoral cost if it urged to do by the pressure of supranational jurisdictions. Finally, even thoug…

Scritti in onore di Pellegrino Capaldo

2014

La qualità dei servizi è stata riconosciuta come un rilevante aspetto caratterizzante la performance dell’azienda pubblica, analogamente alla capacità di operare secondo criteri di efficienza e nel rispetto dei vincoli di bilancio. Sebbene sia possibile riscontrare alcuni significativi casi di adozione di politiche di customer satisfaction nelle amministrazioni pubbliche italiane, a tutt’oggi il tema presenta significative criticità, specialmente in ordine agli aspetti metodologici e agli strumenti operativi che consentano di integrare dette politiche nel sistema di programmazione e controllo delle aziende che erogano tali servizi. Il presente lavoro adotta una diversa prospettiva di analis…

Misrecognition and Reinvention of Stigmatised Cultural Heritages. The case of the 'Romani People'.

2017

2018

Ever since the beginning of international climate conservation politics there has been variation across nations in political traditions in debating the climate issue. Political decision-makers have interpreted the scientific findings on global warming with different emphases, thereby giving rise to variation in views on preferred national or international solutions. These tensions first became evident before and during the Earth Summit of the United Nations in 1992 in Rio de Janeiro, when the United Nations Climate Change Convention was prepared and eventually signed. This article discusses the historical background of international climate conservation politics and illustrates the tensions…