Power and Democracy
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Dalla neutralità alla circolarità tra diritto dell’economia e Costituzione : Spunti per un ripensamento del paradigma economico-costituzionale nel contesto dell’economia digitale e post pandemico
Get PDFThis work is part of the debate on the delicate relationship between the market economy and democracy, centered on the attempt to identify which of these can be considered an independent variable with respect to the other in the current socio-economic context and in the light of the challenges posed by digitization. The work focuses in particular on the circularity between economic law and the constitution, where the protection of competition, understood in normative and not merely utilitarian terms, would be aimed at preserving their function of ordering criteria of the exchange processes that take place in the private sphere, also conforming to their rules those that take place in the public sphere in order to determine a balance between the political order, the economic order and the social order. The thesis on which the article revolves is based on the idea according to which a regulatory approach to the protection of competition, based on the recognition of the circularity between economic law and the constitution, represents an essential condition so that, in the current socio-economic context, liberal democracy and digital capitalism can coexist while preserving a free society.This work is part of the debate on the delicate relationship between the market economy and democracy, centered on the attempt to identify which of these can be considered an independent variable with respect to the other in the current socio-economic context and in the light of the challenges posed by digitization. The work focuses in particular on the circularity between economic law and the constitution, where the protection of competition, understood in normative and not merely utilitarian terms, would be aimed at preserving their function of ordering criteria of the exchange processes that take place in the private sphere, also conforming to their rules those that take place in the public sphere in order to determine a balance between the political order, the economic order and the social order. The thesis on which the article revolves is based on the idea according to which a regulatory approach to the protection of competition, based on the recognition of the circularity between economic law and the constitution, represents an essential condition so that, in the current socio-economic context, liberal democracy and digital capitalism can coexist while preserving a free society
LOST BETWEEN DEMOCRATIC AND POSITIVE PEACE: A CRITICAL ASSESSMENT OF THE EUROPEAN NEIGHBOURHOOD POLICY
No full textOver the last 20 years, the European Union (EU) has promoted democracy and the rule of law in its neighbourhood, failing to achieve significant results. While the causes of this failure have been openly debated in the literature, the EU has recently changed its foreign policy focus from democracy promotion to resilience, a paradigm shift that is even more apparent both in the European Global Strategy (2016) and in the Strategic Compass (2022). Using a preliminary document analysis, we show that the European Neighbourhood Policy can be better understood through the concept of positive peace, arguing that the literature in this field may shed new light not only on the ENP itself, but also on the reasons for its failure. More specifically, we argue that – far from being interested only in the democratization of its neighbours – the ENP aimed at spreading the European zone of peace (i.e., human development and security community); not only this strategy was too ambitious, but it incurred also in some trade-offs that the EU could hardly manage. In doing so, we propose a distinction between policy instruments aimed at fostering positive peace, and desirable outcomes that those instruments should achieve
GOVERNO SENZA CAPI O DEMOCRAZIA DEL LEADER? : UNA RIFLESSIONE A PARTIRE DA PLATONE E ARISTOTELE
No full textSince antiquity, the problem of political leaders in democracies has been a difficult issue to tackle. This paper attempts to investigate the close relationship between leadership and democracy, starting from two classical authors such as Plato and Aristotle, and finally suggesting a critical reading of the present. The first part analyses the two philosophers’ political reflections on the figure of leaders and the possible distorting effects that the appearance of these subjects would have in terms of political change. The last part of the paper, on the other hand, reflects on the present, questioning what the classical authors can still tell us about our democracies and the problem of the chief
Ordung: la Scuola di Friburgo e l’etica economica di Wilhelm Röpke
Get PDFIn this essay, we will focus on ordoliberal thought and the contribution of Wilhelm Röpke, with reference to the positions he expressed in the Italian press and the relationship between economics, ethics and the Magisterium of the Church. In this framework, among the different sensitivities of the Ordo liberals, Röpke’s emphasis on the freedom and dignity of every man seems to place his work within the tradition of Catholic social thought, anticipating, in some ways, his later developments on the themes of the market, competition and solidarity, in relation to the Social Market Economy.In this essay, we will focus on ordoliberal thought and the contribution of Wilhelm Röpke, with reference to the positions he expressed in the Italian press and the relationship between economics, ethics and the Magisterium of the Church. In this framework, among the different sensitivities of the Ordo liberals, Röpke’s emphasis on the freedom and dignity of every man seems to place his work within the tradition of Catholic social thought, anticipating, in some ways, his later developments on the themes of the market, competition and solidarity, in relation to the Social Market Economy
«Il principio liberale ha fallito»? Il liberalismo sui generis dell’economia sociale di mercato come umanesimo economico e le sue radici nella cultura protestante
Get PDFThe cultural-historical roots of the social market economy are not to be found in the tradition of Catholic social thought or the Social Doctrine of the Church, which until the 1960s opposed (neo-)liberalism, criticizing its individualism and the principle of competition. Rather, they are located in the culture and philosophy of German Protestantism and cannot be understood without this religious reference. In a cultural milieu hostile to liberalism, a sui generis liberal economic-social model developed, around which academic resistance during the Third Reich could be organized. Today it can be considered an economic model consistent with the principles of the Social Doctrine of the Church.The cultural-historical roots of the social market economy are not to be found in the tradition of Catholic social thought or the Social Doctrine of the Church, which until the 1960s opposed (neo-)liberalism, criticizing its individualism and the principle of competition. Rather, they are located in the culture and philosophy of German Protestantism and cannot be understood without this religious reference. In a cultural milieu hostile to liberalism, a sui generis liberal economic-social model developed, around which academic resistance during the Third Reich could be organized. Today it can be considered an economic model consistent with the principles of the Social Doctrine of the Church
VESTFALIA: L’EQUILIBRIO DI POTENZA TRA SOVRANITÀ E DIPLOMAZIA.: UNA NOTA A PARTIRE DA MICHEL FOUCAULT
No full textThe article proposes a reconstruction of the concepts of sovereignty, diplomacy and balance of power in Europe, adopting the genealogical analysis of Michel Foucault. Adopting Foucault’s theoretical perspective, the goal of this article is to identify analysis methodologies compatible with the study of historical and political dynamics of the international relations, in a changing context in which the configuration of the order international appears to be conditioned by the oscillation between rising sovereignty and declining sovereignty, between power politics and diplomacy. In the global scenario – which is becoming more and more characterized according to the division of the greats Spaces, already theorized by Carl Schmitt – the liberal order faces the challenge of re-discussing the logic of government that according to Foucault has given shape to the modern system of international relations
Zhang Weiying: A perspective on the chinese transition
No full textWhen it comes to explaining the causal nexus behind the Chinese economic development of the last forty years, mistakes and misconceptions are significantly common. The professor and economist Zhang Weiying explains how the terms “because of” and “in spite of” are frequently confused, and the economic success of the Country is wrongly attributed to the CCP’s strong leadership and the powerful state sector. In his view, in spite of that China made good economic progress, because of an expansion of the free market and the entrepreneurial class. This essay analyzes Zhang Weiying’s perspective on the economic dynamics of the reform and brings attention to his unique theories on the challenges, prospects, and hopes for the future development of China. 
LA SENTENZA DOBBS E IL DIRITTO DI ABORTO. L’INTERPRETAZIONE COSTITUZIONALE COME QUESTIONE DI DIVISIONE DI POTERI
No full textThis paper aims to suggest an alternative reading of the Dobbs US Supreme Court’s judgment, shifting attention rather than on the philosophical-moral problem of abortion to that of the relationship between democracy and the constitution. The aim of the work is therefore to highlight how the decision of the Supreme Court of the United States – re-proposing through the originalist theses the question of the limits of constitutional adjudication in relation to a particularly divisive issue such as the interruption of pregnancy – offers a valuable opportunity to question the balance between jurisdiction and politics regarding the ways in which our constitutional democracies are called to resolve conflicts between divergent values and moral visions
Dottrina sociale della Chiesa, economia sociale di mercato e federalismo
Get PDFThe article proposes a historical analysis of the affirmation of federalism and the Social market economy in Europe to understand how they can advance the process of European integration in a manner consistent with the multipolar world order that is currently being defined. After having valued the German, French and Italian experience, as well as the role of the Social doctrine of the Church, the article explores the contribution of two prominent post-war authors (Röpke and Einaudi) to the formation of a new humanism on which to build a supportive socio-economic order based on values.The article proposes a historical analysis of the affirmation of federalism and the Social market economy in Europe to understand how they can advance the process of European integration in a manner consistent with the multipolar world order that is currently being defined. After having valued the German, French and Italian experience, as well as the role of the Social doctrine of the Church, the article explores the contribution of two prominent post-war authors (Röpke and Einaudi) to the formation of a new humanism on which to build a supportive socio-economic order based on values
Federalismo ed economia sociale di mercato: l’esperienza tedesca
Get PDFThe article discusses the crisis of the European socio-economic model, suggesting the need to build a new federal institutional structure, in which at the same time certain competences are assigned to the European level and respect for the autonomy and specificities of the national and local level is guaranteed. Starting from the German experience of the 20th century, in which the two levels of government – federal and Laender – experimented with different forms of cooperation and autonomy, the article explores the perspective of multilevel constitutionalism for the construction of a completely new multilevel structure in the history of Western democracies coherent with the new multipolar order that is establishing internationally.The article discusses the crisis of the European socio-economic model, suggesting the need to build a new federal institutional structure, in which at the same time certain competences are assigned to the European level and respect for the autonomy and specificities of the national and local level is guaranteed. Starting from the German experience of the 20th century, in which the two levels of government – federal and Laender – experimented with different forms of cooperation and autonomy, the article explores the perspective of multilevel constitutionalism for the construction of a completely new multilevel structure in the history of Western democracies coherent with the new multipolar order that is establishing internationally