| 581. |
- Mindus, Patricia
(författare)
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Doppiando il Capo Horn della scienza del diritto : Sull’oggettivismo post-metafisico quale fondamento del positivismo inclusivo
- 2012
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Ingår i: Teoria Politica. - : Marcial Pons. - 0394-1248. ; :2, s. 143-160
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Tidskriftsartikel (refereegranskat)abstract
- Inclusive legal positivism has been in the limelight for some time. There are several reasons for this. Among the structural reasons for this general change of direction within general jurisprudence are cultural changes such as the renewed interest for theory of action or normative methodology. This paper discusses José Juan Moreso’s contribution to this debate. The paper focuses especially on the thesis that there would be no connection between non-cognitivism as set out in meta-ethics and positivism in legal theory. This thesis is really the outcome of a compound of different positions: on the political level, the question concerns the possible relationships and tensions between democracy and liberalism. On the ethical and foremost meta-ethical level, the issue basically revolves around the relation between cognitivism and expressivism; and, on the level of legal theory, Moreso attempts to resolve the problem that Benedetto Croce, a century ago, compared to the difficulty of sailing around Cape Horn, i.e. to connect the law and ethics. The paper is divided into five sections. In the first section of the paper, a few historical remarks are made. In section two, I look at how natural law is defined in Moreso. In section three, some observations are made on how legal positivism is qualified in relation to natural law. In section four, I suggest a possible criticism of the conception of moral relativism used by Moreso and recommend an alternative conception that hopefully grasps further features of the way the problem is frequently discussed. Finally, some methodological remarks are made: the choice of disregarding the distinction between authentic and inauthentic normative propositions leads Moreso to conceive the object of dispute between cognitivists and expressivists in an unfruitful way. The lack of distinction between the role played by belief on the one hand and conative attitudes on the other makes it hard, if not impossible to grasp what exactly is the object of this dispute. In fact, their opposition, instead of representing a fertile scientific dialogue becomes similar to a situation where people are talking pass each other. If this outcome is to be avoided and the two positions reconstructed properly, an account of what constitutes belief should complement the theory. Probably greater focus is also needed on what is considered to be the primary function of normative propositions.
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| 582. |
- Mindus, Patricia
(författare)
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Emergenza, costituzione, diritti fondamentali : una guida critica
- 2007
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Bok (refereegranskat)abstract
- In any given time of emergency, fundamental rights and the constitutional arrangement are being jeopardized. The question of how to keep together liberty and security in times of emergency has puzzled generations of scholars but the issue is hardly ever addressed in times of normalcy. In the wake of 9/11, the scholarly debate has taken off quite significantly, especially in the U.S. This paper examines the various explanatory models and normative proposals on the background of legal assessments in a historical and comparative perspective. The aim of the paper is to sort out theoretically different issues that need custom-made handling and to provide an outline for evaluating emergency statutes and regulations.
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| 583. |
- Mindus, Patricia
(författare)
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Gli anni svedesi di Ernst Cassirer e il confronto con Axel Hägerström
- 2012
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Ingår i: Rivista di filosofia. - Milano : Mulino Editore. - 0035-6239. ; 103:2, s. 277-304
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Tidskriftsartikel (refereegranskat)abstract
- In this article, some recent literature on Ernst Cassirer and foremost on the years he spent in Sweden (1935-1941) is presented against the background of the contemporary streaming of ideas. Sweden’s philosophical panorama was then characterized to a large extent by the so-called Uppsala school of Axel Hägerström and Adolph Phalén, that developed a strong criticism of subjectivism as well as a non-cognitivist and language-centred form of meta-ethics. Cassirer engaged in dialogue with both the theoretical and practical philosophy he encountered in Sweden – an occasion for him to attune his original philosophical stance – that, today, offers a significant opportunity for scholars to understand the context of an otherwise often overlooked period in his intellectual life.
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| 584. |
- Mindus, Patricia, et al.
(författare)
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La cittadinanza «a pagamento» nell'Unione europea.
- 2018
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Ingår i: Quaderni costituzionali, Rivista italiana di diritto costituzionale. - 0392-6664. ; 1, s. 246-252
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)
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| 585. |
- Mindus, Patricia
(författare)
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Libertà politica e nuove tecnologie : Political Liberty And New Technologies
- 2015
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Ingår i: Ragion Pratica. - 1720-2396 .- 2612-1441. ; 44:1, s. 9-36
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Tidskriftsartikel (refereegranskat)abstract
- Victim of its own success, the concept of «digital democracy» risks to turn into an obstacle, and not a tool in order to grasp reality. We need to look into another field to better understand what issues today’s technologies raise in relation to political freedom, understood as self-determination: the field of Internet governance. There is an interesting debate on how we should handle this new world we have in common that is constituted by the infosphere, starting with the current debates surrounding the reform proposals for the ICANN. The stakes are high (balkanization, loss of neutrality, etc.) but mainstream democratic theory is largely unprepared for the challenge. The paper shows why the debate on the control of critical Internet resources is misleading: the «seats of power» are now elsewhere. In order to move within the private ordering that currently characterizes Internet governance in a way that is respectful of fundamental rights we need to rethink the relationships between social powers.
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| 586. |
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| 587. |
- Mindus, Patricia
(författare)
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Perché la democrazia è nordica? Alf Ross e teoria della democrazia
- 2016
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Ingår i: Analisi e diritto. - 1126-5779. ; , s. 391-416
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Tidskriftsartikel (refereegranskat)abstract
- Alf Ross (1889-1979) is not only one of the most renowned figures of Scandinavian Legal Realism, but also an important name in 20th Century theory of democracy. The Danish legal philosopher developed a procedural and value-free theory of democracy: Democracy, as form of government, is about how you decide, not what you decide. In this essay I investigate Ross’ theory of democracy, starting from his famous essay Why Democracy?, namely his contribution to what is now known as “the great Nordic debate on democracy” in which several members of the second generation of the Uppsala school took part. I shall try to illustrate the historical context in which this debate developed in order to shed new light on Ross’ theories; in particular, I aim to show how he combines procedural theory of democracy with the claim that shared values are necessary and the non-cognitivist thesis in the field of meta-ethics. Finally, I shall point out some possible implications.
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| 588. |
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| 589. |
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| 590. |
- Misheva, Vessela
(författare)
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La sociologia di Jane Addams
- 2017
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Ingår i: Il tempo di Jane Addams.. - Salerno-Napoli : Orthotes.
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Bokkapitel (refereegranskat)abstract
- Jane Addams referred to herself as a sociologist, but what Addams is remembered for today has little to do either with her reputation as a scholar, or with the sociological articles and books that she wrote for sociological audiences. She is instead remembered for the activities that she regarded as comprising important spheres of application of her professional skills and knowledge, not as the essence of her professional calling, such as acting as a public intellectual in service to the cause of social justice, equality, and social welfare. The sociological community was quite reluctant throughout the twentieth century to acknowledge her status as a professional sociologist and a founder of the discipline. Addams’ recognition as sociologist is closely related to, and in fact inseparable from, the recovery of the sociological identity of her Hull-House. However, gaining a clear understanding of the latter entails sorting out the relationships between sociology and social work, which have remained problematic ever since the two disciplines were separated, as well as acknowledging that Hull-House is an historical site important for the emergence and institutionalization of sociology. After the many works on Addams which have been written from a sense of duty, solidarity, or political correctness, now is the time to look beyond ‘what is the case’ in order to find out ‘what lies behind it.’ The present text addresses important questions in a way that promises to revitalize the discussion and lead it in new directions.
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