Fides et ratio nella prospettiva della retorica giuridica

What does ‘trusting’ really mean? Is it a matter of reason or, instead, one of feeling? In discursive activity there is an unremitting interplay between logical aspects and the web of interwoven interactions that bind the parts together. As rhetorical theories emphasize, in contrast with dominant dialectical-argumentative models, this happens because being…

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C(h)orologia giuridica come struttura teoretica della filosofia del diritto di Antonio Rosmini. Criteri d’analisi e di sviluppo

Antonio Rosmini’s philosophy of law is inherently chorological. This aspect of his thought is recognizable, in particular, in the genetics of subsistent law, which is to be traced the human person, and in the ethics of formation: all of which are inscribed in the synthesis of the three forms of…

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Halal, haram e la bussola del cibo tra Malesia e Italia. Alimentarsi secondo l’Islam nel mondo globalizzato

The growth of the Muslim population affects the strategies of economic actors in the process of producing and marketing goods and services. They have used religious signs and symbols within brands in order to retain more consumers-faithful. At the same time, the production of goods and services that conform to…

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Damanhur e il lavoro senz’anima. Il lavoro prestato dai “damanhur” in favore della Comunità è pratica devozionale o lavoro subordinato?

The Italian legal system presumes that any kind of work activity performed be renumerated, but it does not exclude the possibility that some work activities are carried out for reasons of “affection or benevolence”. Those who claim for an exception based on the atypical nature of the employment relationship must…

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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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Two wrongs don’t make one right – Memory, History and Rebalancing Actions: A Reading on ‘Cancel Culture’ through the Lens of a Restorative Approach

The following contribution focuses on how to match the lens of restorative justice with the concerns of (also structural) past imbalance, today commonly considered as forms of injustice which need to be rebalanced through a variety of measures. Nowadays these situations are considered part of history (e.g., colonialism, various forms…

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Il ritmo giuridico delle processioni religiose. Riflessioni critiche a margine di una recente e ancipite sentenza in materia di turbatio sacrorum (Cass. pen., III, 2242/2022)

Article 405 of Italian Criminal Code penalizes the volunteer disruption or prevention of religious services, ceremonies or practices performed by a religious minister in a place of worship or in a public open place open to the public. The Italian Supreme Court of Cassation, with an innovative ruling, qualified as…

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