Etica & Politica / Ethics & Politics (2020) XXII/2
(EUT Edizioni Università di Trieste, 2020)
146 3796
Tra etica e diritto: coscienza giuridica e costituzionalizzazione della persona
(EUT Edizioni Università di Trieste, 2020)
Savona, Pier Francesco
Between the legislative rule of law (Rechtsstaat) of the nineteenth century and the constitutional State of the twentieth century there is a paradigmatic leap, characterized by the transition from a systemic and functionalistic legal consciousness (instrumental to the socio-political order) to a "personalistic" one. In this sense, the very notion of person in the constitutional State receives a new shape, characterized by the unavailable value of the person-in-relation: it constitutes an inclusive notion, always opened to social transformations, through mutual recognition between social institutions and actors. Such a recognition reveals itself as based on the thoughtful protec-tion of fundamental rights universally recognized to all, but at the same time balanced by jurisprudence, in the case of the onset of conflicts, through the principles of proportionality and reasonableness that have always characterized juridical mediations.
202 677
Giurista del tempo e dello spazio. Riflessioni su Carl von Savigny
(EUT Edizioni Università di Trieste, 2020)
Ruschi, Filippo
The famous codification controversy of 1814 between Carl von Savigny and Anton Thibaut has been a turning point in the history of European legal culture. Starting form this remarkable and very passionate debate it is my intention to examine Savigny’s 'Beruf unserer Zeit für Gesetzgebung', stressing the importance of space and time in his thought. Even today it is a perspective that is very inspiring, being an excellent opportunity to think about the present. Moreover this brilliant pamphlet has raised the most important question of the relationship between the State, its constitution and its territory. In the following years, the issue of how political institutions are rooted in space has been crucial and still echoes in the debate about globalization.
171 642
Lo spirito della rivolta. Michel Foucault e la rivoluzione iraniana
(EUT Edizioni Università di Trieste, 2020)
Marengo, Stefano
Forty years after the establishment of the Islamic Republic and the rise of “theocracy”, we have almost completely forgotten the original role that Islam played in Iranian uprising in 1978-79. Instead, in late 1978, such an originality was grasped by Michel Foucault who, in his analysis of Iranian facts, developed the concept of "political spirituality". This paper aims therefore to show the genesis of this core concept, on the one hand, in the tradition of Shia Islam and, on the other hand, in the research program on the counter-conducts that Foucault himself was developing at the end of the 1970s. The need to clarify this concept is due to at least two reasons: firstly because it provides an hermeneutic key to highlight the irreducibility of the Iranian uprising - and of its Islamic inspiration - to its theocratic results; secondly because it conceptualizes the most radical form of resistance to power in terms of an autonomy that is gained in the exposure of life itself to the risk of death.
293 664
“Darwinizing Politics”. Politica, regole e società tra evoluzione biologica ed evoluzione culturale
(EUT Edizioni Università di Trieste, 2020)
Marchetti, Jacopo
In the last thirty years, it has been identified a theory corresponding to the biological evolution one which concerns the behavioral traits of men and their social organization (institutions, customs, beliefs, social norms, values and technologies). By tracing back the guidelines of cultural evolution and showing how it differs from biological evolution, this paper focuses on the cultural evolution theory and its capability to explain the emergence and the change of rules and institutions at the bottom of social life. In the last part of the paper, recovering F. A. Hayek’s pioneering insights, I will analyze the evolutionary dynamics acting at the level of rules and institutions. I will show, on the one hand, how selection of the rules is driven by a complex process in which emerg-ing macro-systemic effects lend an evolutionary advantage to some human groups and allow us to explain how specific rules have successfully survived over time. On the other hand, I will argue that some behaviors have jointly transformed with the changing of societies by following the increasing degree of complexity in the relationships and human environments.
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