Numero 5/2022

Editoriale

di Bruno Maria Bilotta


Voglia di nemico

di Bruno Maria Bilotta

Abstract: Conflict – War: this is, for us, the paradigm, the logical and chronological iter on which our entire proposal moved to arrive at war, which is the highest level of confrontation. With the eyes of the conflictualist and in the teaching of Simmel and Coser, we gave openness to a concept of conflict that was not necessarily of a positive sign i.e. a conflict of a destructive type, a disruptive conflict, but we also considered a conflict that was, so to speak, more “neutral”.


Keywords: Identity, differentiation, otherness, conflict, war.


La tolleranza e il diritto alla differenza

Rabaut Saint-Etienne e la libertà di culto

di Franco Alberto Cappelletti

Abstract: J. P. Rabaut Saint-Etienne is an leading figure in the French Revolution not enough well known. This essay means to emphasize his contribution to the drawing up of the articles 10 and11 of the Déclaration  of 1789 concerning the freedom of religion and speech who acquire the status of human rights . In the new world the right of difference takes the place of the concept of tolerance whit her hierarchic logic now absolutely incompatible whit the principles of “liberté” and “égalité” ratified by the Revolution.

Keywords: French Revolution, human rights, tolerance.


A Plea for A ‘European Anti-Mafia Court’

Inquiry on the Feasibility and Desirability of a Vertical Prosecutorial Forum dealing with Transnational Organised Crime at the European Union level

di Alessandro Corti

Abstract: Calabrian ‘Ndrine, Albanian Mafia, Mocro Maffia, Camorra … these groups are spreading out across Europe without even being noticed much. The same groups then act, often undisturbed, to launder illicit proceeds into the economies of EU states that allow them to do so, first and foremost the Benelux states. Too many differences in views, too distorted a perception of security with respect to mafias by most EU states, too many different and uncoordinated national methods to respond effectively to criminal groups that, instead, act in a central and coordinated manner. The EU thus remains easy prey for criminal organisations. But then what is the way forward? The European Public Prosecutor’s Office was recently established, which has prosecutorial prerogatives based on a centralised system of investigation. The problem, however, may reside in the nature of the criminal proceedings that EPPO can begin as of today, which are initiated and concluded in a decentralised way in the national courts of the individual EU states where the EU Public Prosecutor decides to set up trials. And it is precisely here that we need to have the courage to change and favour a European Union spillover effect in criminal law issues, through the establishment of a ‘European Anti-Mafia Court’.

Keywords: Transnational Crimes – European Criminal Law – European Anti-Organized Crime Action – Joint Criminal Enterprise and Mafia Method – Vertical EU Prosecution – Narcotic Traffick – Money Laundering – European Fiscal Paradises.


Filosofia sociologica del diritto o sociologia filosofica del diritto: la coincidenza tra fatti e valori

di Enrico Damiani di Vergada Franzetti

Abstract: This work deals with some questions that have invested the sociology of law since its origins as a positive science and before that the philosophy of law from an epistemological point of view: questions that all sociologists and philosophers of law have come across and that at least once in the course of their career have set themselves. What is meant when it is stated that the sociology of law is (or should be) an empirical science? How to overcome the dualism constituted by the opposition between facts and values?

Keywords: Sociology of law – Philosophy of law – facts – values – empirical research – theoretical research.


Complessità sociale e richiesta di giustizia. Un’analisi.

di Antonio Dimartino

Abstract: The demand for justice, for more and more justice, for absolute justice, is the main focus of the sentiments of modern times. The main purpose of this paper is that of shedding light on justice, on its evolutionary pattern and its deep historical roots. The paper discusses about strong common values, linked to lawfulness and justice ideas. In pragmatic terms, however, the issue that must be solved is not that of abstract justice, but of its practical and difficult administration.

Keywords: law, justice, lawfulness, juridical administration.


L’imperatif d’un humanisme écologique face à la crise écologique

di Roland Etoga

Abstract: Faced with the ecological crisis mentioned by Pope Francis in the Encyclical Laudatio Si, Guattari proposes deep ecology. Ecological plurality revolves around ecosophy : environmental, social and mental. This eco-rationality joins the ontological communion of Gabriel MARCEL. It is a question of safegaurding the unity of immanence to transcendance.

Keywords: Ecological crisis, ecosophy or deep ecology, ontological communion, ecological plurality, ecophilosophy and ecological humanism.


Persona e mercato: appunti per una pedagogia di “imprenditorialità etica”

di Simonetta Ronco

Abstract: If we try to analyze the relationships between the “person” and the “market” generally in legal policy and especially in our legal system, we realize how difficult this relationship is still to be defined and, at the same time, of how important is the identification of the limits that the legal system encounters or in any case must place itself in regulating the market, precisely in function of those characteristics of the person whose consideration cannot be ignored. Moreover, there are new emerging trends that tend to consider the protection of the person as an ethical imperative that is also valid in the economic sector. This contribution tends to shed light on the way in which the concept of “person” affects market dynamics and, above all, on the need to deepen the study of “entrepreneurial pedagogy”, intended as the ability to transmit to one’s interlocutors a way of doing business that passes through the enhancement of the person.

Keywords: Person, market, ethical imperative , entrepreneurial pedagogy.