JOURNAL: Fundamental rights. Rivista di studi giuridici, storici e antropologici (III, 2023/1). OPEN ACCESS

(Source: Fundamental Rights) 

1. Aldo Andrea CASSI, Contro-letture dell’Antigone di Sofocle (ancora ricordando che la Giustizia di Eumenidi nasce dalle tenebre di Erinni;

The contribution proposes some interpretations of Sophocles' tragedy that shed new light (and new darkness) on the conception of justice and law underlying the work. A textual analysis of it contradicts many fixed points of the 'vulgate' that rigidly contrasts written and oral law, positive and natural law, 'good' Antigone and 'bad' Creon.

2. Marianna PIGNATA, Libertà di informazione e mezzi di comunicazione nella giurisprudenza italiana degli anni Sessanta;

The essay is a study on the evolution of freedom of information and the media in the 1960s. The author highlights the complex case of the RAI monopoly, under investigation by the Constitutional Court, before the reform law of 1975, but also the attitude of the jurisprudence of the Italian courts, with regard to press crimes and the evolution of new rights, paying attention to the change of mentality of judges.

3. Ishvarananda CUCCO, Reciprocità e fiducia come fondamenti impliciti della cultura giuridica cinese;

This article aims to uncover the evidence of reciprocity and trust within the Chinese juridical culture. To do this, we will use as a field of investigation an ancient arrangement of land transfer named Qiyue. In order to overcome the threats of cultural distance, the investigation method will use the tools of legal anthropology, in particular the examination of conceptual categories within their linguistic environment, the constant look at the specific cultural framework in which legal practice fits, but, above all, the paradigm of the gift as the keystone to distinguish in the practice of Qiyue what anticipates modern contract law and what refers to forms of ceremonial exchange that are typical of ancient or native cultures.

4. Luca MASERA, Tutela della vita e obblighi di incriminazione. Brevi riflessioni a partire dalla sentenza della Corte costituzionale sull’inammissibilità del referendum in materia di omicidio del consenziente;

The work starts from the analysis of a sentence of the italian Constitutional Court, with which the proposal for a referendum relating to the abrogation of the crime of killing of a consenting person was declared inadmissible, and analyzes the problems concerning the positive obligations of criminal protection of the right to life

5. Paola MANFREDI, Curare la rabbia, rifiutare la violenza.

The paper proposes a reflection on a particular aspect of violence, namely that linked to inadequate anger management. In particular, it is shown how such anger can be interpreted as an attempt to adapt to injuries in primary functioning. This term refers to those primary acquisitions that constitute the basic trust and are articulated in the continuity of the self, the perception of boundaries and the sense of belonging. By means of a clinical vignette, some of these fragilities are exemplified and the issues of justice and care, and the appropriateness of caring for fragilities and protecting society are questioned.

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