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Povero e allegro: il teatro essenziale di Francesco d’Assisi
No full textThe text reviews La rivoluzione artistica di Francesco by Antonio Attisani: a short volume in which the scholar proposes, adopting the method of “virtual historiography”, that Francesco d’Assisi embodied a “new theatre” aimed at radically transforming its interlocutor. It is emphasized that, for the author, Franciscan aesthetics was characterized by the search for the essential; by a form of poverty interpretable as the attainment of freedom from worries and dependence on superfluous goods; and by the pleasure of dedicating oneself entirely to creative work and interpersonal relationships. Finally, it is noted that Attisani connects the theatre of Francis with the theatrical practices of the twentieth century and the contemporary era, as these also aim, like the Franciscan precedent, at essence and revolutionary change.Il testo recensisce La rivoluzione artistica di Francesco di Antonio Attisani: volumetto in cui lo studioso propone, adottando il metodo della “storiografia virtuale”, che Francesco d’Assisi incarnò un «nuovo teatro» che intendeva trasformare l’interlocutore in modo radicale. Si mette rilevo che, per l’autore, l’estetica francescana era caratterizzata dalla ricerca dell’essenziale; da una povertà interpretabile come conquista della libertà dagli affanni e dalla dipendenza da beni superflui; dal piacere di dedicarsi integralmente al lavoro creativo e alle relazioni interpersonali. Infine, si rileva come Attisani leghi il teatro di Francesco con le pratiche teatrali del Novecento e della contemporaneità, in quanto queste ultime mirano, al pari del precedente francescano, all’essenza e al cambiamento rivoluzionario
Passioni dell’anima ed espressioni del volto: una storia “cartesiana” della compassione in Francia (Descartes, Charles Le Brun e gli enciclopedisti)
No full textThe article revisits some of the theories of compassion developed in France during the seventeenth and eighteenth centuries under the influence of Cartesian philosophy and Descartes’ writings. It begins with an examination of Descartes’ philosophy, which links compassion to pity, while distinguishing between the ‘generous’ compassion of the “plus grands hommes” and the ‘tearful’ compassion of weaker souls. The second section addresses the artistic representation of compassion in Charles Le Brun’s renowned Conférences académiques, where Louis XIV’s Premier Peintre drew the ‘mask’ of compassion with geometrical precision, based on Cartesian physiology of Les Passions de l’Âme and L’Homme, translating inner movements of the body-machine into visible facial expressions. Building on this, the third section examines the description on the passions included in Louis de Jaucourt’s entry Passion (Peinture) in the Encyclopédie. Despite being written in an era marked by the decline of Cartesian ‘romances’, de Jaucourt offered a broadly ‘Cartesian’ definition of the passions in support of a classicist aesthetic of art as disciplined imitation of nature. Operating within Rousseau’s intellectual climate, de Jaucourt also observed that passions were increasingly concealed by social dissimulation in a mannered and civilized nation. This reflects the philosophical abandonment of the theory of transparent passions, where appearances prevail over authenticity and the simulation of emotion obscures genuine inner life
Leibniz on Empathy and Sensibility to Others’ Pleasure and Pain
No full textThis article examines Leibniz’s moral psychology, focusing on his thematisation of empathy. I argue that, although tracing along the lines of the doctrine of the universal connection of things and thus providing the ultimate metaphysical framework within which empathic relations are situated, Leibniz’s use of the terminology of sympathy does not fulfil a direct moral function. I show instead that, by drawing on impulses from diverse philosophical traditions, Leibniz articulates an alternative conception of both cognitive and affective empathy as primarily embedded in natural socio-moral inclinations to be affected by others’ pleasure and pain. Such natural inclinations toward intraspecific care and tenderness are marked by the experience of pleasure and oriented to the usefulness and the good of the species. I show that such natural instincts presuppose sensitivity to others’ pleasure and suffering and are embedded within a supra-individual structure of pleasure and participation in others’ perfections typical of the representative life of minds. This analysis fosters Leibniz’s position as a transitional figure between the Scholastic and Renaissance moral legacies, the new Hobbesian anthropology and the emerging British moral sense theories – particularly Shaftesbury’s – thus placing him in the prehistory of 18th-century sentimentalist ethics
Pier Virgilio Dastoli e Nicoletta Parisi (a cura di) (2024). Giorgio Napolitano e il Parlamento Europeo. Napoli, Editoriale Scientifica
No full textThe Double Materiality for non-listed SMEs: Evidence from the EFRAG Public Consultation
No full textThis study aims to explore how respondents interpret and reply to the concept of double materiality as outlined in the Exposure Draft published by the European Financial Reporting Advisory Group (EFRAG) for the Voluntary Sustainability Reporting Standard for non-listed SMEs (VSME).
After a descriptive analysis categorising the respondents by affiliation, geographic origin, and sector, an inductive qualitative content analysis was conducted to examine the responses about the concept of materiality. This process included a thematic coding and the development of a taxonomy of arguments.
The findings reflect a generally positive perception of the inclusion of materiality within the VSME standard. Most of the respondents agreed with the language and approach to the principles of materiality, supported a materiality analysis, and approved the “if applicable” simplification mechanism. Nevertheless, both supportive and critical voices consistently raised concerns about the complexity of the language, lack of clarity, and limited operational guidance. Respondents emphasised the need for simplified terminology, practical tools, and concrete examples tailored to SMEs’ capacities. Despite this general support, the final standard for non-listed SMEs, which was published in the meantime, omitted the materiality principle, citing implementation challenges, particularly for small entities with limited resources
The Digital Product Passport under the EU Ecodesign Regulation 2024: Empowerment of the Customer-Consumer on the Road to Sustainability in a Circular Economy or Information Overload?
No full textThe European Commission has established mandatory ecodesign requirements for products and services introduced into the internal market under the new Ecodesign Regulation from 2024 (ESPR) in order to support the development of a circular economy and increase the EU’s competitiveness. The measures encompass product parameters and information requirements. Here, the newly established Digital Product Passport (DPP) will play a central role, complemented by labels and other information sources. This paper investigates the information requirements, the DPP, and labels in order to discover whether these measures will realise the ESPR’s aim of improving product traceability and of positioning consumers to make sustainable choices and ultimately promote sustainability and a circular economy. The DPP’s efficiency as an information tool and its interaction with labels, as well as the change to the consumer’s position in terms of their safety and their rights will be considered. While the ESPR’s implementation and product-group specific regulation is still underway, the DPP looks to become a comprehensive data provision tool that will place relevant and easily comprehensible product information at the customer’s fingertips. Aspects from the product’s whole lifecycle will be covered, from origin and materials used, over resource consumption during production and when in use, to contained substances of concern, as well as instructions for installing, using, maintaining, and disposing of the product. This information is also relevant for other economic operators like repairers, refurbishers, and waste disposers. For the economic actor burdened with the creation and maintenance of the DPP, often the manufacturer, the tool brings advantages like enhancing buyer trust and product differentiation. The transparency of product parameters and the ensuing market competition will foster incentives for product development and thus increase the sustainability of offered products. The DPP has limitations, like its accessibility for vulnerable consumers and its scope, and important opportunities might be missed if these are not addressed. Despite this, the information requirements and in particular the DPP appear to be measures that will support the European Green Deal, as well as the New Circular Economy Action Plan and the New Consumer Agenda and enhance the internal market’s sustainability and circularity
Disentangling the 'Right to Repair' sensu lato and its interaction with Intellectual Property Rights in the European Union
No full textThe shift from a linear (take-make-consume-dispose) to the of the circular economy (CE) has been widely recognised as a key driver ecological sustainability. Contrary to linear business models, the CE aims to restore and regenerate resources and is characterised by a certain number of ‘circular operations’; incl. repair and maintenance. As a circular operation, repair and maintenance play an important role as it aims to extend a product’s lifespan, resulting in less waste. However, repair can be obstructed by a number of material and legal barriers, which become more and more pronounced with the computerisation of products. For this reason, the so-called ‘Right to Repair’ movement has become increasingly popular in recent years. Intellectual Property (IP) rights and trade secrets are among the barriers identified to repair and to circularity in general. With the exception of a specific intervention in design law, no changes to European Union (EU) IP legislation have been proposed to support (independent) repair services. Instead, the EU is facilitating the transition from a linear to a circular economy through other initiatives in EU consumer, product design, competition and data governance legislation. Rights and obligations under these instruments create together a right to repair sensu lato. The contribution investigates the relationship between selected instruments expressing a right to repair sensu lato and EU IP rights. To do this, the contribution first summarises how IP rights can serve as barriers to material and legal access to essential repair commodities. Essential repair commodities are defined as hardware (affordable spare parts and repair and maintenance tools), software and repair information. It then continues to describe provisions materialising the right to repair sensu lato. The selected instruments are Directive (EU) 2024/1799 on common rules on the repair of goods, Regulation (EU) 2024/1781 establishing a framework for the setting of ecodesign requirements for sustainable products, and Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data. For each instrument, the contribution scrutinises the scope of provisions that facilitate repair and their limitation. I further address the interaction between (i.) the instruments in themselves; and (ii.) EU IP rights. The contribution summarises its research results in a final, conclusionary chapter
Artificial intelligence as a tool for renegotiation
No full textThis paper investigates the legal and practical feasibility of entrusting an AI system with a role of third- party decision-maker in contract renegotiation by considering the implications under both the Italian Civil Code and the EU AI Act, as well as the broader question of whether AI can truly replicate the role traditionally performed by a human arbitrator. In the context of long-term contracts, unexpected factual or legal circumstances arising after the contract's formation may impair its synallagmatic balance. To reduce such effects, parties may mitigate the imbalanced contract recurring to the renegotiation. The renegotiation of contractual terms can also be entrusted to a third party, based on the principle of contractual autonomy, as provided by Article 1349 of the Italian Civil Code. This provision, according to varying doctrinal interpretations, draws its legitimacy from principles such as contractual good faith (Article 1175) or equity (Article 1374). Thus, Article 1349 not only serves as the legal basis for initially determining the contract's object but also authorizes delegating its redefinition during the contract's term. The text of Article 1349 establishes two approaches: the content can be determined at the third party’s sole discretion or based on their equitable assessment. In the first scenario, if the third party fails to make a decision, the contract is void. Moreover, an erroneous decision by the third party cannot be challenged unless made in bad faith. Conversely, where equitable assessment is involved, the failure of the third party to decide transfers the matter to the courts. An innovative and potentially groundbreaking solution discussed in this abstract involves entrusting the role of third-party arbitrator to an algorithm or artificial intelligence (AI) system. Such a mechanism could redefine contractual terms more effectively by considering the parties expressed interests. This AI-driven system would analyse the interests and actions of the parties involved, determining the appropriate contractual content. This work aims to analyse the various challenges this tool would face. These will be examined in light of the recently introduced EU AI Act (Regulation 2024/1689), which provides further guidance. The law strengthens the possibility of supporting such a mechanism. Nevertheless, entrusting contract renegotiation to AI raises questions concerning its legality and permissible limits. Regarding the methodological approach adopted in this work, the sources used in this paper were identified through a progressive reading process, starting from the works of the most authoritative scholars in the field. The references cited in those foundational texts served as a guide to explore the broader debate and to select further contributions that align with the author’s critical perspective
