This article explores the relevance of maieutics for legal thought, focusing on its role within legal institutions. It reconsiders the accounts of maieutics proposed by Hannah Arendt and Jan Patočka, employing the distinction between knowing and understanding as a critical lens for legal analysis. Within this framework, Socrates is interpreted…
New technologies have transformed the role of human beings. Once merely users of technological tools, we have become part of social and institutional processes to the extent that we have become dependent on the technocratic paradigm. We are witnessing the emergence of a virtualised society in which human originality will…
The theory of custom aims to research and define what we call custom. This study attempts to orient theoretical practice towards itself and demonstrate that its very method and knowledge are customary: moving from the theory of custom to the custom of theory. In this sense, the theoretical question of…
This paper focuses on the historical evolution of the concept of asylum through the analysis of a selected set of data collected in two national databases: DoGi – Dottrina Giuridica (Legal Doctrine) and IS-LeGI – Indice Semantico del Lessico Giuridico Italiano (Semantic Index of the Italian Legal Lexicon). Both services…
This work proposes an ontological reinterpretation of Hans Kelsen’s socio-anthropological research on primitive peoples, highlighting how these studies do not represent a marginal interest but rather lie at the core of his philosophical-legal reflection. Through the analysis of myths, rituals, and archaic beliefs, Kelsen identifies normativity as an original structure…
This article proffers an analysis of hope as a philosophical category, with the aim of providing an epistemological basis for the study and understanding of a normative theory of law. Rather than being a concept limited to theology, philosophical and political reflection on hope broadens the theoretical and practical scope…
This essay aims to analyze studies on gender and sexuality by adopting a multidisciplinary approach, ranging from the sociology of law to European Union law. In particular, we will seek to understand to what extent and in what ways the philosophy of law has influenced studies on sexuality and gender,…
Genealogical expressions give depth to a juridical textual system that is neither arbitrary nor totalitarian, nor solipsistically conforming to hegemonic techno-formal demands, but rather refers to the essential represented by logical-rational-relational functioning. The genealogical question, accompanied by a wealth of meaning, that is to say, by a commitment to transmission…
Among the countless foundational questions regarding the Metaverse, one stands out: Can an avatar be endowed with legal subjectivity? This research aims to answer this question by applying the theoretical paradigm of the philosopher John R. Searle “X counts as Y in C.” In other words, is it possible for…
This paper aims to explore civil disobedience within the framework of the Algorithmic Society, beginning with the paradigmatic figure of Antigone as a symbolic reference for conscientious opposition to established authority. After reconstructing the main theoretical and conceptual foundations of civil disobedience, the analysis focuses on its evolution from “electronic”…
