Category: Legal Theory

Alla ricerca della norma perduta. Itinerari per una lettura ontologica degli studi socio-antropologici di Hans Kelsen sui popoli primitivi.

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…

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Diritto e speranza. Una riflessione giusfilosofica su Habermas, Alexy e Dworkin.

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…

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“Fino a queer tutto bene”. Genere, sessualità e diritti in prospettiva multidisciplinare.

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,…

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Genealogia del diritto. Una riflessione su testualità giuridica e IA.

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…

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Gli attanti metaversali come soggetti di diritto. Brevi riflessioni a partire da John R. Searle.

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…

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La disobbedienza civile digitale nella Società algoritmica.

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”…

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Mortonian Insights for a Phenomenological Re-reading of Disability Law.

The article offers a critical analysis of Timothy Morton’s “post-environmentalist” theories through the lens of Maurice Merleau-Ponty’s Phenomenology to explore their potential contribution to a philosophy of disability law. The first part investigates the concept of ‘vulnerability’ and how its traditional doctrinal understanding can be deepened through Morton’s speculative thought….

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La detenzione femminile. Riaprire il dibattito su un trattamento differente alla luce dei dati sulle carceri della Toscana.

Prison is an institution fashioned by male characteristics and needs, in which women are a minority, sharply separated by gender. The perspective of female difference allows us to grasp certain aspects of incarceration practices, such as the construction of female subjectivity—incompetent rather than guilty—and its identification with motherhood. The approach…

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Verso “la tirannia della maggioranza”? La crisi dei diritti riproduttivi tra sentenze e ideologie

The right to voluntary termination of pregnancy (VTP) is undergoing increasing erosion on a global scale, not so much through explicit repeals as through regulatory restrictions and legal interpretations that limit effective access. This trend reflects growing political and cultural control over women’s bodies and a crisis of the rule…

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On the Threshold: Some considerations on the relationship between present and future in the perspective of sustainability.

This paper investigates the concept of sustainability through the metaphor of the threshold, reframing the temporal relationship between present and future. Moving beyond the dominant logic in which present determines future possibilities, the analysis proposes a reversal: the future, in its indeterminacy, shapes the present. By engaging with key philosophical…

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