The author observes that also in the economic and financial circus, not only among the
moral philosophers, it's spreading a growing interest for the ethical issue in the business proceedings. The old ethics of the «honest trader» moves towards the ethics of the «corporate social
responsibility». Catholic Church's social doctrine and laic moral science agree with the criticism
of the idea that business world is amoral (or that it is even per se moral). Most of the «failures of
the market» come from immoral behaviours of the protagonists. Ethics of economic behaviours,
and in particular of finance. Historical evolution of the ethical principles, starting from forbidding usury. Common Good, Reason of State and Reason of Business Enterprise in the time of
globalisation. Inadequacy of «charity's ethics», of «no profit ethics» and of «sustainable development's ethics». The issue of conflict of interests and the pessimism of G. Rossi. What to do?
Recall to the to the Aristotle's Nicomachean Ethics. The direct social action, through the market. Learning of J. Stiglitz, A. Caloia, J.K. Galbraith. Exhortation to the «virtue» and to the
reformism. Comment on the speech to the Parliament of the Governor of the Bank of Italy
on Parmalat case. The law enforcement of the codes of self regulation. The rules of law are basic
condition for economic development. The role of the rules of fair competition in a globalised
economy. The main issue «conflict of interests». Arguments against mix of Bank and Securities
Exchange Industry. Blame of the «universal bank». The rule of law as «ethical minimum», necessary for a peaceful society. Need to put ethical principles into technical and historically adequate terms.
The Author proposes a complete reading of the new act (legge 9 gennaio 2004, n. 6) concerning the status of mental patients under the perspective of private law. The essay expatiates
upon the law of contract, family relations, personal rights, informed consent.
This paper addresses the compatibility between personal data protection rights and the
measures, in particular those of a technological nature, currently being introduced in order to
safeguard intellectual property within the framework of electronic communications networks,
with particular regard to the so-called file sharing. In the light of the innovations brought about
in the supranational regulatory context, the Italian legal system also authorises the adoption of
technical and organisational measures aimed at collecting copyright royalties, which may include technical protection measures and digital rights management information, in order to enable
monitoring and identification of the works that are exploited as well as of the respective rightholders. However, such measures may not give rise to processing of personal data in breach of
the lawfulness, data minimisation, purpose specification, and proportionality principles set forth
in legislative decree no. 196/2003, or be in conflict with the applicable legislation relating to
retention of so-called traffic data.
This study aims to offer a concise clarification about the relationships existing between the
philosophy of law and the legal science, so to verify the opportunity to use some instruments
coming from the analytical philosophy, setting up in a different way some of the traditional dogmatic nodes. In this sense, after an excursus on philosophy of law and on legal science in the first
decades of the nineteen hundred, and also as a result of an incursion in the culture of Germany
In nineteen century, the study points out to some traditional issues coming from the administrative law, for which a different approach would be useful, more methodologically aware, by the
legal science.
This paper analyses the role played by «enti bilaterali» (i.e. bodies created by collective
bargaining) in Italian reform of labour market (decreto legislativo n. 276/2003). These bodies
are called to enrole functions as work agencies, by organizing employment services in competion with regions and undertakings, and by making action to prevent disputes about labour
contract contents («certificazione»).
This paper analyses the role played by «enti bilaterali» (i.e. bodies created by collective
bargaining) in Italian reform of labour market (decreto legislativo n. 276/2003). These bodies
are called to enrole functions as work agencies, by organizing employment services in competion with regions and undertakings, and by making action to prevent disputes about labour
contract contents («certificazione»).
The law concerning the economic system doesn't have a stable collocation in legal
science. The doctrine is still trying to give unity to the variety of principles and legal concepts
characterizing the matter. Neither the most recent theories, going beyond the formal constitution, lead to a valid conclusion.
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