JOURNAL: Fundamental rights. Rivista di studi giuridici, storici e antropologici (I, 2021/2). OPEN ACCESS

(Source: https://fundamentalrights.it) 

INDEX OF THE SECOND ISSUE

1. Francesco MASTROBERTI, La contrastata storia delle Dichiarazioni dei diritti: superamento o lotta per l’affermazione?

The Declarations of Rights, approved by revolutionary assembly between XVII and XVIII Centuries, represented a turning point for the western world that, about inalienable rights that had to be identified, had built the bases of its cultural identity. Their history after the end of the revolutionary period, as demonstrated by the essay, was very contrasted especially for political reasons: only after the end of the Second World War there was a reevaluation of them, inaugurated by the Universal Declaration of Human Rights. However, the new sceneries that have been spread after the fall of the Berlin Wall and the end of the "Cold War", with the problems connected to the relationships between West and East and, since the new millennium, with the management of terroristic and epidemic emergencies, have opened an intense debate, the results of which seems to be crucial for the future of the humanity

2. Carlo Alberto ROMANO – Luisa RAVAGNANI, Pandemia e trasferimenti dei detenuti

The coronavirus emergency led to a particularly serious situation; the responses of the prison system have produced heterogeneous consequences, in some cases resulting in violent acts, re-writing the internal rules previously applied. Among the mentioned changes, it worth to consider the limitations to the right to be transferred from one facility to another, that in normal condition represent one of the basis for the social reintegration whose impact, in case of the Covid Pandemic, has been understudied

3. Lorenzo SCILLITANI, La figura di Romolo: tra filosofia della mitologia e antropologia giuridica

In Schelling's vision, mythology, as the product of a necessary process of consciousness, parallel to that which concerns the history of nature, finds its specific space, which cannot be exhausted in a subordinate of history. By coming into contact with powers that myth figuratively dramatizes in supra-human beings, the human spirit expresses an imaginative force of elements of objective reality that cannot be reduced to the categories of rational thought. Inextricably linked to the era of the founding of Rome, the Romulean saga records the thickening of the fundamental aspects that characterize the dawn of the singular civil identity off the Roman people, already open to the supra-political dimension of the ius

4. Aldo Andrea CASSI, Mitopoiesi dei “diritti umani” in Francisco de Vitoria (ovvero ricordando che Eumenidi nascono da Erinni)

The paper intends to propose a critical analysis, on a textual basis, of the actual contribution of Francisco de Vitoria, founder of the "School of Salamanca" to the "theory of human rights". First of all, the historiographical category of "Escuela de Salamanca" is problematized; the argumenta iuris formulated by Vitoria are then addressed, noting that the affirmation of certain fundamental principles (first of all the appetitus societatis) involves the recognition of "natural rights" (first of all the ius transiti and the ius commercii), which are configured in relation to their qualification as legitimate rights to call a bellum iustum. Finally, it is pointed out that Vitoria himself affirms that he did not want to formulate a definitive doctrine on issues that required further reflection; a warning that is rarely followed by today's readers of this complex figure of "theologian-jurist" protagonist of the cultural debate of the Siglo de Oro

5. Amalia Maria Sofia SALVESTRINI, A proposito di constitutio e apparentia. Diritti umani e forme europee di ragione critica in Cicerone, Nicola di Autrecourt e Husserl

The aim of the article is to propose a possible path in the history of European thought in order to explore the question concerning the gnoseological foundation of the sharing of human rights, given the pluralist context of our contemporary world. Starting from two concepts that have a rhetorical and juridical origin, namely constitutio and apparentia in philosophers as distant in time as Cicero, Nicholas of Autrecourt and Edmund Husserl, we can trace the traits of three figures of critical reason as a possible condition of a dialogical perspective for the gnoseological foundation of the sharing of human rights

6. Michele ROSBOCH, Le prerogative della persona all’interno delle comunità intermedie: alcuni spunti

The paper examines some events of the protection of individuals within organized communities in the historical perspective. The community phenomenon is an essential element of the social organization and the legal system. Today, the guarantee of individual rights within social formations takes on particular importance in order to avoid homologation phenomena of limitation of freedom of conscience

7.  Stefano VINCI, La riflessione sui “diritti di libertà” tra Ruffini a Calamandrei

Through the writings of Francesco Ruffini and Piero Calamandrei, the essay examines the evolution of the rights of liberty in the constitutional process of the Twentieth century, which saw the traditional political freedoms consecrated in the French declaration of 1789 being flanked by a new category of citizens- rights, called “social rights”, aimed at guaranteeing everyone a minimum of economic well/being, indispensable for freeing the poor from the slavery of need and putting them in a position to make use of those political freedoms that are proclaimed in law as equal for all

Readings

8. Aldo Andrea CASSI, S. Simonetta, Il pensiero di John Fortescue. Costituzione, legge e teoria della proprietà nell’Inghilterra del Quattrocento, Roma, Carocci, 2021

9. Federica PALETTI, Annamaria Loche, La liberté ou la mort. Il progetto politico e giuridico di Olympe de Gouges. Postfazione di Thomas Casadei, Mucchi Editore, Modena, 2021

10. Giovanna DI BENEDETTO, S. Stefanelli, Procreazione medicalmente assistita e maternità surrogata. Limiti nazionali e diritti fondamentali, Giuffrè Francis Lefebvre, Milano, 2021

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