Digital Personhood, Time, Religion: The Right to Be Forgotten and the Legal Implications of the Soul/Body Debate

This paper addresses questions of legal personhood that have been coming to the fore in European courts in recent years through what has been termed the “Right to Be Forgotten.” These cases center around conflicts between the permanence of online information and the desire of users to instead make their…

Continue reading

Lo stran(ier)o imprenditore. Per una lettura interculturale dell’art. 2082 del codice civile italiano

Art. 2082 of the Italian Civil Code defines the “entrepreneur” as a person who carries out an economic activity organized for the purpose of producing or exchanging goods or services professionally. In so doing, the Civil Code describes a functional role, but leaves the “living” person apart. The Italian legislator…

Continue reading

Culture, Religion, and the New Geographies of Law: Troubling Takedowns in ‘Ewa Glawischnig-Piesczek v. Facebook Ireland Ltd’

From the right to information to the right to privacy, from freedom of expression to protection from defamation, online conflicts are troubling private entities and jurists alike, particularly as the ever-increasing spread of global communications changes the meaning and impact of territories and jurisdiction. Beneath the hubbub runs a babbling…

Continue reading

Trame evolutive e proiezioni interculturali nel diritto islamico. Precontrattualità, intersoggettività, istanze di universalizzazione

Modern contract law attempts to balance the informational and material asymmetries between contracting parties. In Western legal systems, these strategies aimed towards fairness have been effective in facilitating the circulation and the redistribution of assets. If we look at the issues brought forth by Islamic communities within non-Islamic constitutional systems,…

Continue reading

Liturgie della città. Spazi urbani e proiezioni pubbliche della pluralità religiosa

The essay focuses on the centrality of spatial factors towards an adequate understanding of social relations in today’s plural societies, especially with regard to urban spaces, where the coexistence of culturally and religiously diverse social actors is concentrated. This coexistence favors the transformation of modern secular cities into global liturgical…

Continue reading

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…

Continue reading

La regola di maggioranza tra matrici religiose e declinazioni culturali. Un approccio interculturale alla disciplina giuridica del fenomeno associativo: tradizione canonistica e tradizione islamica nello specchio del diritto italiano

The paper addresses and weighs the possibilities and usefulness of an intercultural approach to the associative phenomenon, particularly within the context of majority rule. It focuses on the cultural and religious matrices underlying majority rule as they are deduced from its historical and functional origin and from its legal experience….

Continue reading

Corpo e differenza culturale. I. L’articolo 5 del codice civile italiano nello specchio della tradizione giuridica occidentale

This paper offers the first partial result of a two-person research project which attempts to combine a comparative and economic analysis of law with an intercultural law approach. The paper focuses on Article 5 of the Italian civil code which governs the dispositions of the human body and considers it…

Continue reading

Le comunità intenzionali e i dilemmi della giuridificazione. Un approccio interculturale al riconoscimento normativo dell’identità comunitaria

Intentional communities are voluntary residential communities designed to actualize forms of daily living and ways of sharing that had been thought lost to modern societies. Despite their growing popularity, in most legal orders they do not yet have legal rights. Though these communities often demonstrate a natural tendency to close…

Continue reading