Search results for "morality"

Religione civile: uso e abuso di un concetto

2013

Civil religion: uses and misuses of a concept. The analysis of the concept of “civil religion” shows an ambiguity caused by the mix between religion and morality, and religion and politics. The idea behind is the sacralization of politics in order to assure its autonomy from historic religions. Civil religion supporters individuate in this cultural position two positive results: the opening of politics to transcendence and the ethical legitimation of communitarian linkages. The article examines these two aspects, in the light of constitutionalism, human rights and current pluralism. The conclusion is that the concept must be considered misleading.

Principles, balancing, and the separation between law and morals: on neo-constitutionalism and its critics

2011

En el ensayo Constitucionalismo principialista y constitucionalismo garantista, Luigi Ferrajoli ofrece una oportuna clarificación teórica y conceptual sobre el así llamado neoconstitucionalismo. Por mi parte, en esta contribución intentaré desarrollar algunas observaciones sobre tres puntos acerca de los cuales me encuentro en relativo desacuerdo con el análisis de Ferrajoli: el tratamiento de la distinción entre reglas y principios, la interpretación de la práctica de la ponderación, y el problema de la separación entre Derecho y moral. Además, ofreceré un panorama de los significados del (neo)constitucionalismo, y, respecto a tal panorama, consideraré el modo en el cual Ferrajoli sitúa su…

Positivism, Legal Validity, and the Separation of Law and Morals

2014

The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post-Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should be taken into account, and what kind of such relations are indeed of no import at all. The upshot of this analysis consists in highlighting the distinction…

Ripensare la "persona" oggi

2018

The text presents a critical question on the concept of “person” starting from the current political situation characterized from a wave of migration that tests the democratic resources of the West and that seems to impose the renunciation of the classic ideal of "good life". Making use of the reflection of Judith Butler, who thinks human being from vulnerability, exposure and dependence, the author proposes a rethinking of the "person" who claims to come from a sort of deconstruction of the "sublime" that presents itself in the moral sphere, in particular in the Critique of the practical reason of Kant, in the form of a doubling of the idea of "life" (animal life and moral life) and of "an…

Placement of responsibility and moral reasoning in couple therapy

2005

Within the past two decades there has been a growing awareness of the importance of moral and ethical judgements in family and couple therapy. In this article we provide a detailed analysis of placements of responsibility related to blame in one couple therapy session. We suggest that it is important to study therapeutic interaction in situ, when searching for an understanding of moral reasoning in couple therapy and an ethical evaluation of the practice. A detailed analysis of discursive tools used by clients and therapists makes it possible to look at moral reasoning in action as it unfolds within the flow of therapeutic conversation. The findings are discussed in relation to two discours…

Moral determinants social communication

2014

The Role of Nature in the Secularization of Criminal Law in Europe (17th–19th Centuries)

2020

Some authors have argued that enlightenment authors endorsed a social contract that was not compatible with the existence of laws of nature or a moral foundation for criminal law, while nineteenth-century liberal criminal lawyers founded criminal law upon a natural law theory, based on divine commands. This chapter demonstrates on the contrary that enlightenment authors did not necessarily make a sharp distinction between morality and criminal law, nor did 19th-century criminal lawyers adopted a conception of criminal law that was too heavily dependent on morality, as it was defended by medieval and early-modern-age scholars. The traditional dichotomy between enlightened thinkers and tradit…

Sports, morality and body: the voices of sportswomen under Franco's dictatorship

2016

The aim of this research is to study sportswomen’s perceptions and experiences of women’s sport in Francoist Spain (1939–1975). The main objective is to analyse the social, moral and aesthetic elements that are present in the experience of these athletes. This study was carried out with an intentional sample of 24 women from Andalusia, Aragon, Asturias, Basque Country, Catalonia and Valencia. They were interviewed by a network of researchers from six universities. Outstanding results show the existence of social limitations to start sports practice (particularly in the post-war period); the importance of sport as a character-building aspect; sport’s remarkable influence on their body self-c…

Les institutions italiennes à travers les analyses de Luigi Sturzo (1871-1959)

2013

From the 1950s Luigi Sturzo captured the dysfunctions of the democratic system instituted in Italy. He courageously denounced the evils that afflicted the newborn democracy. The strange relationship between government and opposition, the growing importance of the parties, the proliferation of legislation, the reversal of functions between parliament and government, the reform of the Senate, are just some of the problems identified by Sturzo. His criticism, however, was not pointless but proactive in the meaning that he diagnosed in weaknesses and indicated the means for a better and more efficient working of institutions in a democratic country without making it necessary to undermine the c…

Narrating ambivalence of maternal responsibility

2007

Early motherhood and caring for the infant involve a moral ambiguity that is related to the questions of responsibility and vulnerability. By means of the ethics of care, motherhood can be understood as belonging to the moral domain, as relational, and as linked with everyday social situations. The culturally dominant narratives of ‘good mothering’ easily naturalise and normatise maternal agency. This study illustrates the process of adopting responsibility for the infant and the moral ambivalence that is inscribed in early maternal care. The data consist of four interview sessions with each of seven first-time mothers conducted during pregnancy and the first post-natal year. The interview…