Fenomenologia del sacro e filogenesi del soggetto di diritto. Sui sentieri antropologico-culturali della capacità giuridica

This essay analyzes the genetic paths of Western legal subjectivity within the semantic spectrum of legal capacity. In turn, the historical transfigurations of legal capacity are traced by probing their phylogenetic connections—as it were—with the phenomenology of the sacred. To this end, the investigation unfolds through three basic articulations: a)…

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Il diritto o il Paradiso? Un dialogo con Tommaso Greco sulla generatività della fiducia e sul significato pro-fattivo del diritto

The essay addresses the issue of trust across the spectrum, as it were, of a recent book focusing on the role of trust in public life and, allegedly, within the legal experience. Using ‘trust’ as a sort of keyhole through which to take an oblique look at legal experience and…

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Children in Tatters across the Earth: Intercountry Adoptions, Intercultural Discriminations

The essay focuses on a different perspective of the child in the assessment of her/his best interests regarding the practice of international adoption. Specifically, it will be argued that the child who is the object of adoption should be understood in terms of his/her ‘relational being,’ rather than as an…

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Machiavelli, Chisciotte e i mondi plurimi. Idealità, contraddizione e conoscenza nell’antropologia politica proto-moderna

Machiavelli is considered the historical champion of political efficiency. His thought is traditionally depicted as a pendulum balancing ethical standards and pragmatic exigencies, but which ends up unevenly oscillating towards the second pole. A good deal of cynicism is assumed as the price for the foundation of an objectified political…

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Divorzi diversi e geografia giuridica interculturale. Il “termine” mobile del matrimonio

This essay addresses a Judgment of Divorce ruled by an Italian court (Tribunale di Padova) applying Moroccan family law—specifically, Moudawwana Articles 83 and 114. By means of a renvoi to EU Regulation n. 1259/2010, the spouses’ application for divorce benefitted from the so-called “immediate divorce” provision, namely a divorce without…

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The Ambivalent Roots of Charity and Their Consequences in a Secularized World: A Survey Across the Three Monotheistic Religions of the Abrahamic Strain

In this essay I address the meaning and functions of charity in contemporary secularized democracies against the background of its plural roots in the three monotheistic religions, namely Judaism, Christianity and Islam. The legacy of these different traditions seems to be ambivalent in itself, even more so when it is…

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A Modest Proposal: An Overgrown Constitutional Path to Cultural/Religious Pluralism in Italy

This essay comprises two sections.The first one presents and explains the proposal to broaden the meaning and scope of “intese” (agreements) between the State and minority denominations. “Broadened intese” is the label employed here to define the attempt to align the “intese” with both the generally pluralistic aspirations of the…

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Klee’s Cognitive Legacy and Human Rights as Intercultural Transducers: Modern Art, Legal Translation, and Micro-spaces of Coexistence

The essay addresses the issue concerning intercultural translation and its relationship with human rights. This matter is analyzed by taking human rights as interfaces of metaphorical intercultural “transduction” rather than as parameters to assess the lawfulness of people’s behaviors or their legal systems of belonging. Such an approach is in…

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