Legalità, non oligarchie: profili penalistici. Una scommessa ancor attuale sulla peggior forma di Governo, eccezion fatta per tutte le altre digital
formato: Articolo | JUS - 2020 - 2-3
The paper focuses on the principle of legality, exploring the correlation between the state power and the law as well as the real function of the penal law, not merely oriented to convicting...
Misericordia: “superamento” del diritto o “dimensione” della giustizia? digital
formato: Articolo | JUS - 2017 - 2
The paper examines the reasons why it is necessary that justice incorporates the concepts of mercy and forgiveness. Facing fractures in human relationships, the inherent nature of justice is to respond to negativity with opposite stances, aimed at turning unjust relationships into just ones, and not to merely «double» that negativity in pursuit of a merely retributive model...
Beccaria, la Chiesa cattolica e la pena di morte digital
formato: Articolo | JUS - 2013 - 2
The essay is inspired by the volume of Mario Pisani, mentioned in the title of this contribution, that retraces the insertion of Cesare Beccaria’s masterpiece – On Crimes and Punishments – into the Index of Forbidden Books, due to the selection of the appointed Ecclesiastic Congregation. Specific attention is recalled by the recent identification of some related documents and, in particular, of the votum, written by Fr. Lazeri SJ, according to which the decision was taken on February 3, 1766. The paper examines Fr. Lazeri’s three argumentations that were not directly related to the theme of the humanization of criminal sanctions and to the issue of death penalty. Rather, these nuclei of reasoning took into consideration Beccaria’s work as an utilization of references ascribable to the Protestant cultural environment, as the evidence of the discontinuity of the philosopher’s proposals with the practice accepted by the Catholic Church, with particular attention to some marginal observations present in the work that were regarded as reprehensible. On this basis, the Author of the this essay analyzes, for comparison, the position expressed on death penalty in the Catechism of the Catholic Church, specifically in the Editio Typica (1997). On this subject, it is deemed that such a position considers extinct nowadays the conditions that may in theory, according to text no. 2267, allow the use of death penalty as a self-defense case. Indeed, it is upheld that the death penalty has nothing to do with self-defense that pertains to the contrast to an underway offensive conduct. The conclusion is the expectancy, also given various positions in favor of the abolition of death penalty expressed by the last pops and bishops, that the text of the Catechism could evolve toward the strict affirmation of the inadmissibility, also in principle, of the capital punishment. This would sound also in accordance with the theological reflection of the past few decades on the restorative and redeeming meaning of justice in the biblical perspective.
Rendere la pianta che produce punizioni dominabile dal suo coltivatore. Quasi una ‘‘mission’’ nell’opera di Mario Romano digital
formato: Articolo | JUS - 2012 - 2
ABSTRACT: The paper presents, also in the light of the personal relationship, the personality of professor Mario Romano, as scholar and teacher, who left the university tenured teaching as a professor of Criminal Law at the Università Cattolica del Sacro Cuore in Milan. Among the others, also emerge considerations about the research method in criminal law and punishment. KEY WORDS: Mario Romano, criminal law, punishment. SOMMARIO: 1. Camminare insieme. – 2. Una “operazione culturale”. – 3. La libertà nella ricerca. – 4. Il rigore argomentativo. – 5. La passione per la didattica e l’attenzione alla persona. – 6. Verso nuovi approdi?
Ultimi 3 numeri
Annate disponibili online