La rivista è stata digitalmente editata il 20/02/2025.
The issue became available online on Feb. 20th, 2025.
Editoriale
Leading article
di Bruno Maria Bilotta
Sui pilastri dell’ermeneutica generale di Emilio Betti. Centralità del giuridico nella visione socio-antropologica
On the pillars of Emilio Betti’s general hermeneutics. The key role of law in the social-anthropological view.
di Vinicio Busacchi
Abstract: The methodological question constitutes a primary interest for Emilio Betti, but it is on the knot of interpretation that the characterising element of his general hermeneutics is to be sought, since it is through it that the discourse of hermeneutics as a method takes on significance. The original source of Betti’s research is found in the historical and legal field. Legal hermeneutics invites us to look beyond the plane of a philosophical anthropology which conceives the human being as an ‘individual’ in order to conceive of him as a ‘social being’, that is, a being-of-relationship that lives in the community, and a historically determined being immersed in the world-of-life. This is a perspective that has considerable reverberations on the theory and practice of a general hermeneutics.
Keywords: methodological hermeneutics, juridical hermeneutics, homo interpretans, social reality.
La salute fra libertà terapeutica e obblighi di legge. Documentazione giuridica, considerazioni scientifiche, principi bioetici
On health, between therapy freedom and legal obligations. Legal framework, scientific remarks, bioethical principles
di Giovanni Chimirri
Abstract: Compared to the past, the subject of health and the care has become central to philosophical and political debate. States legislate extensively on many health issues, and never before have Big Pharma and private entities financed doctors and government agencies by influencing their decisions. The recent pandemic full of crazy regulations with no health value and the associated vaccination obligations, have sharpened the scientific and media debate. Yet jurists and bioethicists have shown that a health treatment can only be imposed with respect for the person and in the interest of protecting public health (ex art. 32 of the Constitution), as they do not offer vaccines without immunizing capacity. The reasons given are not against drugs and vaccines but against their abuse in favour of freedom of treatment and prophylaxis.
Keywords: Health, drugs, vaccines, freedom of treatment, legislative obligations.
Hate speech: an irrelevant issue or a perilous evil for European societies? Italy and the Netherlands: a comparative overview of hate speech criminalization
di Alessandro Corti
Abstract: This article provides a comparative analysis of the criminalization of hate speech in Italy and the Netherlands, focusing on the principle of legal certainty. It explores the historical, cultural, and legal contexts that have shaped the different approaches to hate speech in these two countries. In Italy, the legacy of Fascism and the prioritization of freedom of expression have resulted in a legal framework that often struggles with the consistent application of hate speech laws. The balancing test used in Italian courts, which weighs freedom of expression against other constitutional rights, lacks concrete criteria, leading to unpredictable judicial outcomes and undermining legal certainty. Conversely, the Netherlands adopts a more militant democratic approach, emphasizing the protection of social order and human dignity. Dutch laws, particularly Articles 137c and 137d of the Criminal Code, offer clearer definitions and more consistent enforcement mechanisms. This approach ensures better compliance with the non-discrimination principle and provides greater legal certainty. The article concludes that the disparities in legal certainty between the two nations highlight the need for harmonized legislative efforts and a commitment to upholding fundamental human rights across Europe.
Keywords: Hate Speech, legal certainty, freedom of expression, criminalization, comparative analysis, human dignity, non-discrimination.
Gender-based violence and law in action
di Enrico Damiani di Vergada Franzetti
Abstract: The legal field or the legal subsystem, understood as an aggregation between individuals and a coordinated set of relationships, actions or communications, is characterized by a certain degree of stability: the reference to the structuring of the relationships of the legal system in terms of stability does not necessarily imply a position predetermined regarding the degree of cooperation or conflict of the legal actors. The condition of sociable unsociability of man induces legal actors to relate in a conflictual and/or cooperative manner depending on the conditions and needs of the context in which they operate, the characteristics of the law, the interests and objectives pursued, all aspects capable of have a profound impact on the phenomenon of gender-based violence in terms of not only providing the necessary remedies to resolve it, but also to prevent it from worsening further.
Keywords: gender-based violence, law, legal professional roles, legal system, legal field, impact, legal effectiveness, criminology, sociology of deviance.
On present-day wildfires: when law, society, nature, and anthropic activities combine. A multi- to inter-disciplinary analysis
di Francesco D’Amico, Antonio Dimartino
Abstract: Social sciences are constantly developing, and new challenges posed by climate change and the intricate relationship between mankind and the environment are resulting into new approaches to various socio-juridical issues. However, these approaches are challenged by phenomena showing a dual natural-anthropic origin, such as wildfires. Where to draw the line between a natural event that helped shaping landscapes and contributed to the evolution of terrestrial organisms for hundreds of millions of years, and anthropic-driven natural disasters which are all but indistinguishable from actual crimes? These questions lead to new multi- to inter-disciplinary evaluation processes meant to characterize wildfires from several standpoints, each with a contribution from a specific discipline. Via one such approach, this paper demonstrates that – at least in the context of the European Union – heterogeneous laws and regulations should indeed focus more on the link between large anthropic wildfires and natural disasters. Furthermore, the effects of wildfire-related pollutants on both the climate and human health should be accounted for in rulings.
Keywords: wildfires, European law, human health, climate change.
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, held on 2024/29/11, 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.
Profili funzionali della mediazione civile e commerciale: la funzione tradita
Functional profiles in civil and commercial mediation: the betrayed purpose
di Santo Viotti
Abstract: The willingness of the parties to settle their dispute outside the judgment is an identifying criterion of alternative instruments (ADR) and is at the same time an indicator of their function. Civil and commercial mediation, as the main tool of ADR, as a result of the voluntary matrix is also aimed at improving relations between citizens and access to justice, reducing the use of judicial forms. The analysis of the reference discipline, the transposition and the application that is provided leads to assert that the function has remained partially ineffective.
Keywords: civil and commercial mediation, social function, partial disapplication.
Recensione del volume “The Kosovo Specialist Chambers. The last resort for justice in Kosovo?” di Maria Stefania Cataleta e Chiara Loiero
Review of “The Kosovo Specialist Chambers. The last resort for justice in Kosovo?” by Maria Stefania Cataleta and Chiara Loiero
di Fabián Raimondo, Renée de Geus
Recensione del volume “In morte degli italiani” di Gianandrea De Antonellis
Review of “In morte degli italiani” by Gianandrea De Antonellis
di Rosa Carnevale
