Search results for "identity"

Do common constitutional traditions matter in the field of regulated markets?

2019

A new tension is spreading throughout Europe: the tension between Common Constitutional Traditions (CCTS) and Constitutional Identity (CI). Recent cases brought before the Court of Justice of the European Union (CJEU), which have gone to the core of European Integration, have revealed this tension. In particular, this tension was highlighted in the “Taricco saga” and in the more recent cases concerning the independence of the judiciary in Poland. The rulings concerning the first group of cases use the concept of CCTS in a quite conventional way, that is, with regard to fundamental rights. The essay examines the possibility that the complex relationship between the CCTS and CI will affect ot…

L'identità costituzionale degli Stati membri dell'Unione europea nella recente giurisprudenza della Corte di giustizia

2015

Negli ultimi anni, la Corte di giustizia dell’Unione europea si è pronunciata sul significato e sulle funzioni della clausola d’identità costituzionale degli Stati membri, contenuta nell’art. 4, par. 2, TUE. L’articolo mostra come, in questa giurisprudenza, la funzione della clausola non sia quella di superare l’idea del primato assoluto del diritto dell’Unione, ma di prevenire conflitti tra il diritto dell’Unione e le costituzioni degli Stati membri. In particolare, il rispetto dell’identità costituzionale è stato utilizzato ai tre scopi seguenti: a) per giustificare restrizioni alle libertà di movimento; b) per proteggere il diritto degli Stati membri di scegliere forme e mezzi nell’attua…

Sulla rilevanza giuridica e costituzionale dell’identità religiosa

2015

The essay reviews the issue of the legal relevance of religious identity, and of its possible scope, from the standpoint of the values that underpin contemporary constitutional States (equality, liberty, dignity, secularism). The essay will try to show that, in the light of the aforementioned values, religious identity has in fact legal and constitutional relevance. This does not imply, however, that legal claims based on religious identity should receive absolute legal protection - rather, they are bound to be consistently balanced against other constitutionally relevant rights and interests.

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…

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…

Memoria, spazio, identità. Una premessa

2023

Memory, which has always been a subject of research and reflection, entered by right with Émile Durkheim and Marcel Mauss into the space of 'total social facts', i.e. the group of those aspects of human behaviour that support the ideological structure of social universes and regulate the capacity to perform a given action, regardless of intentionality, of both individuals and groups. What emerges is the problematic nature of the very nature of memory and its relationship to history and historians.

La représentation de l’identité sicilienne dans les bâtiments publics du Ventennio fasciste

The intervention, included in the panel of the Conference dedicated to the monumental forms of political and cultural identities, proposed the analysis of some artistic decorations of monumental public building made in Sicily during the fascist regime, such as the pictorial cycle of the Palace of the Prefecture of Ragusa, the bas-reliefs of the Casa del Fascio in Messina and the mosaic of the Maritime Station of the same city. The institutional representation of the collective – the Conference’s main subject of interest – was considered in the light of traditional themes of fascist ideology, such as Labour, and by episodes related to the local context, such as Mussolini’s visits or mythiciz…

Sculture in facciata: l’espressione dell’identità siciliana nelle architetture monumentali tra Regime e Repubblica

2020

After an introduction on the issue of the art-architecture relationship during Fascism, the paper analyzes four significant cases in the delicate historical transition from the Regime to the republican age in Sicily, in order to understand the role of artistic decorations in the facade, in relation to the architecture and cultural traditions of the island. The first two belong to the monumental type of the Palace of Justice, while the others are representative buildings: a Hotel and a Bank.

A Lexicon for Italian cinema: A conversation about history, theory and critique

2017

This article represents the outcome of a round table organized and conducted by Giacomo Tagliani about the Lessico del cinema Italiano/Lexicon of Italian Cinema (2014–2016). This research and editorial project comprises three volumes and 21 entries that address the history of Italian cinema through an original and challenging approach, namely to detect a list of conceptual clusters able to provide new perspectives over the heritage of Italian films. In this refined version, the authors who took part in that round table, that is, Roberto De Gaetano (also editor of the volumes), Massimiliano Coviello, Luca Venzi and Francesco Zucconi, outline their involvement in the research project, their s…

Nomi (e identità) di luogo nella canzone dialettale siciliana

2017

Authors of neo-dialect songs choose dialect, on the one hand, because they need to find better metrical and rhythmic solutions, and, on the other, they wish to use an ‘alternative’ language to standard Italian. At the same time, their pro loco linguistic choice gives authors the chance to use the dialect as a symbol of microspace opposing the sense of estrangement and alienation caused by globalization. Thus, besides the linguistic «locality» expressed by means of dialect, we find another kind of locality, consisting in the authors’ constant reference to local settings, related to the space they live in, symbolizing the return to their own roots in opposition to the global village. Of cours…