Abstract: This contribution means to focus on some fundamental points of the modern international law’s formation, considering the elaboration made by both the catholic based (with particular attention to the Escuela de Salamanca) and the protestant based (Hugo Grotius and Alberico Gentili) juridical science of the modern age. In particular it will note the historical and conceptual dynamics that led: 1) to the admissibility of a just war for both warring parties; 2) to the crucial historical and juridical passage from ius ad bello to ius in bello; 3) to the doctrinal prefiguration of a “humanitarian war” in order to defend the innocentes. Therefore, it will be possible to outline some fundamental concepts of the classical law of peoples of the modern age that constitute part of the “grammar” used to write the ius inter nationes by XVI and XVII century’s european jurists.
Abstract: This article aims to examine how Gaetano Filangieri, in the Science of Legislation, conceived of the body as the primary normative space in which law takes form. Physical education becomes the first act of citizenship, shaping habits, discipline and civic virtue. By linking corporeal formation to moral and political order, Filangieri anticipates modern biopolitical reflections and highlights the central role of education in sustaining a just and cohesive society.
3. Malena Errico, De “criaturas” a “creadores”: Dogmatismo tecnológico, la narrativa redentora de la IA (inteligencia artificial) y los qubits (quantum bit) hacia la perfección humana. Pecado original digital: Adán, Eva y la tentación de la serpiente de silicio. ¿Puede la IA pensar por nosotros sin caer en la idolatría digital? Dudar no para detener sino para dirigir el progreso.
Abstract: This article offers a critical perspective on the ethical, philosophical, and legal implications of the development and use of emerging technologies such as generative artificial intelligence, AI agents, and quantum computing. Drawing on an analogy with the biblical narrative of Genesis, it argues that humanity may be repeating, in digital form, the ancient temptation to pursue absolute knowledge without considering its consequences. The article challenges the redemptive narratives that legitimize the unquestioned use of these tools, while obscuring their biases, limitations, and sociocultural constraints. Particular attention is devoted to the phenomenon of algorithmic justice, whose implementation without critical oversight may erode fundamental principles of law. It ultimately asserts that this phenomenon is not merely an innocuous technological innovation, but an alarming epistemic mutation of judicial decision-making and of the public justice service. From a legal and philosophical standpoint, the article advocates recovering doubt as an essential faculty of human thought—not to halt technological progress, but to guide it toward the common good, thereby avoiding a new form of “fall”: the dehumanization of our decisions in the name of technical perfection. Finally, it follows the guidance of the former rector of USAL, Jorge Bergoglio - Pope Francis - in his call for an ethical AI, encapsulated in his teaching: «Not everything that is technically possible is morally acceptable».
Abstract: This essay examines the evolution of constitutional review in Italy from the late nineteenth century to the establishment of the Constitutional Court under the 1948 Constitution. Contrary to the widespread assumption that constitutional justice emerged only with the Republican Constitution, the study shows that reflections and practices relating to judicial scrutiny of legislation existed well before 1948, particularly during periods of political crisis and extensive use of emergency decree-laws. Through an analysis grounded in the theories of democracy developed by Robert Dahl and Luigi Ferrajoli, the essay highlights the relationship between constitutional review, the democratization process, and the transformation from a flexible constitutional system under the Albertine Statute to the rigid constitutional order of the post-war Republic. The paper explores key debates among Italian jurists on the limits of legislative power, the role of the Court of Cassation in reviewing decree-laws, and the tensions between formal and substantive legality. It also retraces the constitutional reflections during Fascism, the crisis of the liberal state, and the eventual choice to establish a Constitutional Court as a guarantee of rights and of the supremacy of the Constitution. The essay concludes by showing how constitutional review became central to consolidating Italy’s modern constitutional democracy and ensuring the effectiveness of fundamental rights.
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