Search results for "paternalism"

Principio del danno, antipaternalismo e proibizionismo delle droghe

2020

IN QUESTO ARTICOLO, DISCUTERÒ IL PRINCIPIO DEL DANNO E LA LEGALIZZAZIONE DELLE DROGHE IN THIS ARTICLE, i WILL DISCUSS THE HARM PRINCIPLE AND THE LEGALISATION OF DRUGS

Poligamia e danno a se stessi

Gibt es den strafrechtlichen Paternalismus? Ein Beitrag zu den Prinzipien der Kriminalisierung

2015

German translation of "ESISTE IL PATERNALISMO PENALE?
 UN CONTRIBUTO AL DIBATTITO SUI PRINCIPI DI CRIMINALIZZAZIONE" (originally published in Rivista italiana di diritto e procedura penale, 2014, pp. 1209-1248). A discussion on whether the so-called criminal paternalism is compatible with the fundamental assumptions of liberalism has been going on for a long time. The aim of this article is to show that criminal paternalism is actually not an autonomous principle of criminalization. Upon making a distinction between tutelary and despotic paternalism, this paper shows that the former is a manifestation of the principle of harm, while the latter is only apparently opposed to liberalism. Indee…

Bioetica, sacralità della vita e virtù. Osservazioni critiche su un recente libro di M. La Torre

2022

In this paper, some critical remarks on M. La Torre’s book, Bioetica in tempo di pandemia are exposed. These remarks concerns: 1) the justification of paternalism according to La Torre’s liberal account of bioethics. If paternalism is justified then it is open to debate in which sense his proposal can be labelled as “liberal”; 2) what one earns with assuming that in order to solve conflicts of values we should prefer moral specificationism in front of Alexy’s balancing between legal principles. We will show that in arguing for specificationism La Torre tries to avoid the phenomenon of tragic choice, without succeeding; 3) the lack of clarity in depicting the idea of “sacred life”. This idea…

La force du pire argument. La rhétorique paternaliste dans l’argumentation morale et juridique

2012

Repliche ai contributi di Moreso, Spena, Fiandaca, Diciotti

2021

in this article, I replky to articles which discussed my book Contra el paternalismo juridico

La forza dell’argomento peggiore. La retorica paternalista nell’argomentazione morale e giuridica

2012

In this essay, I shall analyze some arguments advanced for legal paternalism, which are fallacious or rationally insufficient. Some of the worst arguments for legal paternalism. For example, the argument of life’s sacred value, the argument of human dignity or the argument of common good. Why it is important to defend legal antipaternalism against these arguments? Because they are, in spite of their weakness, rhetorically very used in philosophical, ethical, legal, judicial debate. They likely dissimulate other arguments considered less persuasive, like the theological argument or the moral perfectionist argument for legal paternalism

Droit et gouvernance:l'apport du courant comportemental

2010

Under the dominant approach to corporate governance, the role of law is to help reduce the impact of conflicts of interest and intentional strategic behavior of the different actors, including managers. The managers' decisions that are detrimental to shareholders and other stakeholders do not all have their origin in an intentional behavior. Some of them result of misjudgment, cognitive and behavioral biases. Based on Behavioral Law and Economics, which has expanded greatly in the United States, the objective of the paper is to show that the role of law within the corporate governance system is also to contribute to "debias" managerial decisions or correct any adverse effects of these biase…

Patient participation in the medical decision-making process in haemato-oncology - a qualitative study

2013

Cancer patients are showing increased interest in shared decision-making. Patients with haematological illnesses, however, express considerably less desire for shared decision-making as compared with other oncological patient groups. The goal of the current project was to identify the reasons for the lower desire for shared decision-making among patients with haematological illness. We conducted qualitative, semi-structured interviews with 11 haematological patients (39-70 years old) after the beginning of therapy concerning the course and evaluation of medical shared decision-making. The patients were often overwhelmed by the complexity of the illness and the therapy and did not want to as…

L'abolitionnisme de Victor Schoelcher, un humanisme mâtiné de colonialisme et de moralisme

1999

Although this title might be somewhat provocative, there is no intent to be anti-schoelcherist. The aim is not to diminish Victor Schoelcher's considerable achievements, but to fight against the unanimous preconceptions that have transformed this man into a myth. By studying the legal and political consequences of his proposals and his engagements, we have underlined not only the extent and complexity of his work for the Republic - that has been little known up to now, though Schoelcher ought to be considered to be one of the fathers of the Republic - but his contradictions too. Schoelcher was so sure of the virtues of the republican values of the mother country, that his fight, albeit huma…