La rivista è stata digitalmente editata il 27/07/2025.
The issue became available online on July 27th, 2025.
Editoriale
Leading article
di Bruno Maria Bilotta
Decisione e suggestione. Quattro suggestioni sulla decisione giudiziaria
Decision and suggestion. Four suggestions on legal ruling
di Bruno Maria Bilotta
Abstract: This essay revolves around some of the most discussed topics by judicial decision experts, specifically it deals with the relationship between judicial decision and personal feeling or rather personal suggestion understood as the perception of the decision. It is obvious that the topic deals with the relationship between judicial decision and third party and not already with decision that directly concerns one’s own person because in this case decidedly personal feelings identifiable as interests and not already as suggestions or feelings toward the decision itself would influence the “suggestion.” The report opens with a wide-ranging consideration of the relationship between justice of the individual case and the extensibility of the same to “similar” cases, and concerns, in essence, the issue of the representativeness of the judicial decision.
In these terms, the focal point for us is not to point out the political role of the judiciary, which we do not disavow, but rather to verify and discuss the relationship between the norm (better ”the law”), the judge and the subject who is concretely invested by the decision and the norm. Closely linked to this theme develops, in a chain, the second suggestion, that of the Socio-Normative Guidance Function of Jurisprudence c/ the Socio-Propositive Guidance Function of Jurisprudence; it is in essence the relationship between the ius dicere and the ius facere of the decision that revolves around the issue of social innovation that precedes and corroborates normative innovation. In this interpretive framework, one cannot miss the third suggestion, which is, in essence, one of the focal points treated and expressed by the leading conflictualist scholars of legal sociology: the relationship between decision-making and the evaluation of social conflict i.e., the problem of balancing the norm with the underlying interests, of which the norm is an expression or, in many cases, is not an expression. All this generates a consideration: if the legal norm, in a relevant number of cases, and indeed in an increasingly relevant number of cases ”adheres” to one social group more than to another, like a cut and tailored suit, the judicial decision, which flows from this norm, also ”adheres” to one social group more than to another; and ultimately substantiates the question: what degree of representativeness, and vis-à-vis whom, does a judicial decision that is based on such a constructed norm possess? The fourth suggestion closes the ideal circle of this path by dealing with the theme of judicial discretion, a theme on which the greatest scholars, both Italian and international, of law as well as of legal sociology have grappled, and concerns, in short, the theme and the problem that in an already very complex and complicated relationship, judge-legal rule-decision, the element of discretion which is added in this relationship, has a multiplying and accelerating effect on the risk associated with the decision itself, in that, on closer inspection it grafts into this relationship of a predominantly, though not entirely, positivistic nature an element that we do not believe to be far from the truth by qualifying it, not only we but voices far more authoritative than ours, of a jus-naturalistic, and even meta-legal nature, discretion.
Keywords: decision, suggestion, judgement.
I volti della povertà educativa
The faces of educational poverty
di Anna Civita, Angela Mongelli
Abstract: The phenomenon of poverty has become increasingly important in the political and social debate in Italy, representing a dangerous drift for the future of social systems. Currently, however, a vision of poverty based solely on economic conditions is widespread, which ignores the multitude of aspects and variables that condition the lives of individuals. It follows the importance of broadening the perspective with which this phenomenon is observed, also on the basis of research conducted in the sociological field. One of its dimensions on which the paper focuses is that of educational poverty due to its constituting a deprivation that produces significant feedback, particularly in the adolescent context. It is a condition of disadvantage that, added to the economic one, marks the courses of life and evolutionary trajectories.
Keywords: educational poverty, affective-sexual socialization, young people.
Per una cultura accademica transdisciplinare condivisa e tollerante: tra selezione, formazione e insegnamento
Towards a shared and tolerant transdisciplinary academic culture: between selection, education and teaching
di Enrico Damiani di Vergada Franzetti
Abstract: This work, part of the training initiatives for faculty at several Italian universities, addresses the role of faculty and university institutions in the process of producing scientific knowledge, in light of academic training and development processes, and the improvement of faculty learning and teaching, aimed at building a trans-disciplinary academic culture. University Professors who intend to conduct research or teach while pursuing the greatest scientific freedom, while striving to maintain maximum epistemological and methodological credibility, often face the dilemma of being subordinated to power structures or marginalized from a responsible presence in society.
Keywords: University, Professors, Selection, Training, Teaching, Culture, Freedom, Transdisciplinarity.
When social conflict takes over the skies. A socio-legal perspective on reduced accessibility driven by the low fare business model in air transportation
di Francesco D’Amico, Antonio Dimartino
Abstract: From its inception, commercial air transport has been on the rise, and only exceptional events such as COVID-19 have managed to slow down growth rates. Over its development, this branch of transportation has adapted to several niches, adapting business models and even aircraft types/configurations accordingly. Two leading business models presently exist, and hybrid models have also been reported in the airline market: each model fills a very specific operational niche. However, after a detailed analysis of transportation procedures and requirements, it has become clear that a major gap in regulation leads to situations where certain passenger categories are de facto excluded from air travel. Based on the main fundamentals of social rights, as well as modern approaches for the evaluation of social conflict, this work highlights how the legitimacy behind the coexistence of multiple airline business models in the free market cannot prevent the requirement for just and well-defined regulations in air transportation ensuring the right to fly to nearly all passenger categories, thus satisfying many critical travel needs. Without such regulations, the skies become a “savage space”, a field of battle of a new form of social conflict where the principle of the strongest prevails. Without a proper understanding and management of this conflict, the final outcome is tangible: the exclusion – or the reduction – of the legitimate right to mobility for entire passenger categories, many of which are affected by specific medical conditions.
Keywords: air transportation, air regulation, human rights, right to travel, social conflict, reduced accessibility.
Il crepuscolo della (in)differenza. Verso nuove forme di tutela della persona in condizione di disabilità
The dusk of (in)difference. Towards new regulations protecting people with disabilities
di Francesco Ferzetti
Abstract: With an interdisciplinary approach, the work focuses on the state of the art of the extensive reform underway regarding disability. Protection and inclusion are read as a form of guarantee and enjoyment of fundamental rights, with a view to mutual enrichment which sees the person with a disability offering their contribution to economic and social progress. The new institutions and the new guarantee figures represent the pillars on which a broader and more ambitious reform project in line with constitutional principles and community and international directives is based.
Keywords: disability, disability management, disability manager, insertion manager, disability guarantor authority.
Definitional aspects and issues concerning homeless individuals: a brief narrative review of the evolution of the homelessness phenomenon
di Federica Misceo, Roberta Risola, Andrea De Leo, Armando
Saponaro, Valeria Rossini, Ignazio Grattagliano, Maria Grazia
Violante
Abstract: The scientific literature and forensic research on homeless individuals are not well-developed, either in qualitative or quantitative terms. This population belongs to a complex, elusive, and difficult-to-study marginalized category, even for the most seasoned researchers. One of the most prevalent issues, which has direct implications for social studies and publications, is the challenge of defining homelessness. The difficulty in establishing unified and coherent definitions that garner consensus among researchers has immediate negative effects on studies and research, which are significantly hindered by the heterogeneity of these definitions. Given the significance of this issue, the authors have chosen to provide a reflective contribution, presenting a repertoire of definitions in the work we introduce here.
Keywords: definition of homelessness, homeless, history of homelessness, marginalization.
O Fundamento da Hermenêutica jurídica de Emilio Betti
The fundament of Emilio Betti’s Hermenêutica jurídica
di Francesco Petrillo
Abstract: On the occasion of the international conference, O pensamento de Emilio Betti em perspectiva comparada, which would have been held on 29/11/2024, at the Facultade de Direito of the Universidade Federal da Bahia, Prof. Mauricio Ricardo Soarez, organizer of the conference, wanted to translate the second part of the volume of the A. on La decisione giuridica, Giappichelli, 2005, in which the variegated sources of Emilio Betti’s legal hermeneutics were studied. The scientific report, then presented on the scheduled date, in Salvador de Bahia, accompanied by slides in Portuguese, has strongly taken into account this ancient work, albeit in the amplifying tension, determined by the subsequent investigations of the author, carried out in the twenty years since the publication of the volume. But, considering the intricate complexity of the foundation of Betti’s hermeneutics, philosophical because it is juridical and legal because it is political, founded as it is on its historical-methodological substratum, this writing from the beginning of the millennium still remains a stimulating reading today. In its Portuguese translation, moreover, it is proposed to overseas jurists as a starting point and indispensable premise for the understanding of the juridical-hermeneutical methodology, which is progressively increasing in use among the High Courts of Justice, but also among the minor Courts of Justice, in the countries of South America, as a corrective possibility of the logical-analytical interpretation of the law. The latter, in fact, now appears insufficient to apply norms, written for simpler societies than the complex realities of today’s peoples, in which there is no correspondence between the customs, religions and values of those who conceived them and those to whom they must now be applied.
Keywords: Hermenêutica Jurídica, Hermenêutica Filosófica, Emilio Betti.
I crimini d’odio: aspetti sociologici, codicistici e giurisprudenziali alla luce delle normative interne e sovranazionali
Hate crimes: sociological, codified and jurisprudential aspects accounting in consideration of domestic and supranational regulations
di Stefano Zoccali
Abstract: The article aims to analyze the issues related to the regulatory evolution of hate crimes, focusing on the sociological, codified and jurisprudential aspects in the light of domestic and supranational legislation. In this regard, particular attention has been given to the introduction of articles 604 bis and 604 ter into the Italian Penal Code, implemented with the aim of sanctioning propaganda, incitement or commission of discriminatory or violent acts and increasing the sanctioning treatment for crimes committed with the purposes. The contribution then focuses on the need for constant comparison between the activity of the legislator and the solicitations coming from sociological theories and jurisprudence, outlining possible future perspectives aimed at countering the so-called hate speech, understood as speech aimed at promoting hatred towards certain individuals or groups, using epithets that denote contempt towards social groups due to their racial, ethnic, religious, cultural or gender connotations.
Keywords: Hate Speech, Human Dignity, Non-Discrimination, European Court of Human Rights, CEDU, Court of Cassation, Article 604 bis c.p., Article 604 ter c.p., Social conflict.