Vita e Pensiero

Terzo fascicolo del 2019

The seventieth anniversary of the German constitution, with the famous art. 1 which proclaims the inviolability of human dignity, constitutes an opportunity to reflect on the meaning and implications of the value of dignity in the constitutional systems of the post-Auschwitz period in the light of the most relevant international conventions...

The rejection of the law by the Church ( anti jurisprudence current) on the part of various doctrinaire currents during the last thousand years has been brought about by manifold factors and has been supported by a variety of considerations. Some of these considerations concerned the Church more than the law. These considerations regarded ecclesiastical authority , the Church’s exercise of power. The considerations were based on a negative vision of law because of its own coactivity...

The essay starts from the speech by Giovanni Battista Montini, the future Paul VI, on the “providentiality” of the end of the Papal States in 1870, to capture some effects of this event on the developments of the canonical legal order. Attention is focused in particular on the following effects: a better distinction between Church and political community, on the reform of the Roman Curia, on canonical codification, on the international subjectivity of the Holy See...

Taking the cue from the signing of the agreement with the association Chiesa d’Inghilterra, we note the lack of a common regulation not on religious freedom, which is protected by the rules of the Italian Constitution through directly effective regulations, and which could be invasive and nadequate, but of a common basic regulation on religion, such that it goes beyond the old law on accepted cults and equates, as far as possible, the condition of churches with an agreement with those that do not have one...

Abbonamento annuale alla rivista JUS

The essay deals with the problems inherent in the gamblings that the Italian state organizes more and more widely. This is in some ways an emblematic case of how contemporary capitalism tends to escape any ethically based control...

A characteristic of the institutional works of the third century A.D. is, above all, the presence particularly inside their proemes of a series of varied precepts based on ethicalphilosophical principles, more or less re-elaborated by the authors in a more typically technicaljuridical perspective: on the basis both of this fact and the exegesis of the fragments concerned, one could think that in the conception of the Severian jurists the law school was the privileged place for the general (technical but also ethical) training of the individual, even more and in a better way than the schools of the ancient philosophical tradition that were spread all over the empire during that time...