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Diritto, diritti e linguaggio: Tra ordine costituito e spinte egualitarie
No full textIn questo saggio si porta una riflessione sul linguaggio giuridico, su come non sia neutro ma possa farsi veicolo di eguaglianza sostanziale o al contrario mantenimento dello status quo. L’esempio preso in considerazione riguarda l’evoluzione del linguaggio giuridico sulla disabilità
L’evoluzione del concetto di «coscienza» in Rosmini
No full textThis article addresses the theme of “conscience” in Rosmini’s thought, beginning with a few brief considerations on his early work La coscienza pura, and then focusing on some later works – particularly Nuovo saggio sull’origine delle idee, Antropologia in servizio della scienza morale and Psicologia –, where the concept undergoes a certain evolution with respect to his early work. In these later works, indeed, Rosmini introduced the term “feeling [sentimento]”, referring to the awareness that the subject has of himself in an immediate and primitive way and which only later (namely: through reflection) becomes self-awareness. This feeling is therefore what essentially constitutes the subject and enables all his “operations”, from the perception of his own body through feeling to conscious self-reflection. For reasons of space, I will omit the significant contribution of the Teosofia – wherein the theme of consciousness is addressed in particular in the sixth book, dedicated to the real being, with particular reference to the theme of subjectivity, the relationship between consciousness and truth, and the doctrine of ontological synthesis in the human being. Rosmini’s analysis of the concept of “consciousness” and its evolution shows how the boundaries between external and internal experiences can be overcome. According to the philosopher, every sensation, which is possible by virtue of the fundamental feeling, is necessarily accompanied by intellectual judgment; otherwise, we would not be conscious of it. This theme will be the focus of this contribution; from there, we will attempt to engage in a brief comparison between Rosmini’s thought and the investigation of that quality of subjective experiences that contemporary cognitive sciences define as “phenomenal consciousness” – as distinct from “access consciousness”, which refers instead to the capacity to reflect on oneself and on such experiences.This article addresses the theme of “conscience” in Rosmini’s thought, beginning with a few brief considerations on his early work La coscienza pura, and then focusing on some later works – particularly Nuovo saggio sull’origine delle idee, Antropologia in servizio della scienza morale and Psicologia –, where the concept undergoes a certain evolution with respect to his early work. In these later works, indeed, Rosmini introduced the term “feeling [sentimento]”, referring to the awareness that the subject has of himself in an immediate and primitive way and which only later (namely: through reflection) becomes self-awareness. This feeling is therefore what essentially constitutes the subject and enables all his “operations”, from the perception of his own body through feeling to conscious self-reflection. For reasons of space, I will omit the significant contribution of the Teosofia – wherein the theme of consciousness is addressed in particular in the sixth book, dedicated to the real being, with particular reference to the theme of subjectivity, the relationship between consciousness and truth, and the doctrine of ontological synthesis in the human being. Rosmini’s analysis of the concept of “consciousness” and its evolution shows how the boundaries between external and internal experiences can be overcome. According to the philosopher, every sensation, which is possible by virtue of the fundamental feeling, is necessarily accompanied by intellectual judgment; otherwise, we would not be conscious of it. This theme will be the focus of this contribution; from there, we will attempt to engage in a brief comparison between Rosmini’s thought and the investigation of that quality of subjective experiences that contemporary cognitive sciences define as “phenomenal consciousness” – as distinct from “access consciousness”, which refers instead to the capacity to reflect on oneself and on such experiences
Tra logica e metafisica: Il riposizionamento ontologico hegeliano negli anni di Jena
No full textThis paper examines the transformation of metaphysical thinking in Hegel’s Jena years, highlighting its role in redefining the relationship between logic and ontology. While distancing himself from both classical and dogmatic metaphysics, Hegel does not reject the possibility of a rational knowledge of being. Instead, he proposes a speculative logic that transcends the methodological limitations of traditional metaphysics and Kantian critique. Through a genetic and processual reconceptualization of knowledge, Hegel reclaims metaphysics as an immanent discourse rooted in the productive activity of thought. This approach culminates in the notion of a “living ontology,” in which logical categories are no longer inert formalities but dynamically intertwined with reality itself. The study traces Hegel\u27s trajectory from a critique of abstract reason to the elaboration of a system wherein the metaphysical impulse is preserved, transformed, and rearticulated within a speculative framework that ultimately grounds a renewed philosophical science of being.This paper examines the transformation of metaphysical thinking in Hegel’s Jena years, highlighting its role in redefining the relationship between logic and ontology. While distancing himself from both classical and dogmatic metaphysics, Hegel does not reject the possibility of a rational knowledge of being. Instead, he proposes a speculative logic that transcends the methodological limitations of traditional metaphysics and Kantian critique. Through a genetic and processual reconceptualization of knowledge, Hegel reclaims metaphysics as an immanent discourse rooted in the productive activity of thought. This approach culminates in the notion of a “living ontology,” in which logical categories are no longer inert formalities but dynamically intertwined with reality itself. The study traces Hegel’s trajectory from a critique of abstract reason to the elaboration of a system wherein the metaphysical impulse is preserved, transformed, and rearticulated within a speculative framework that ultimately grounds a renewed philosophical science of being
Riflessioni su alcune fonti della Seconda Scolastica nella «Filosofia del diritto» di Rosmini: (A.) Rosmini, la Seconda Scolastica e i grandi temi del giusnaturalismo moderno:
No full textThe essay explores the influence of Second Scholasticism legal theories on Rosmini’s Filosofia del diritto. After verifying which authors Rosmini mentions and counting the number of citations, the paper examines the importance that Rosmini attributes to Second Scholasticism in the history of modern legal thought and natural law in particular. It then analyses central themes in modern natural law theory, such as human nature, the pursuit of happiness and the state of nature, natural law, comparing the ideas of leading Siglo de Oro figures with Rosmini’s ones
Automated Copyright Enforcement Online: How Platforms stifle Creativity by reducing Technological Cost
Full text linkThis article examines the interplay between copyright law and emerging digital technologies, focusing on several key components: the constitutional basis of copyright law, the doctrine of fair use, secondary liability, the DMCA safe harbor provisions, and automated copyright enforcement technologies, particularly YouTube’s ContentID system. In Part I, the paper outlines these foundational elements. Part II builds upon this framework to analyze recent developments in online copyright enforcement, highlighting existing challenges and proposing potential solutions to improve the effectiveness and fairness of these enforcement mechanisms
Juveniles Neuronal Development and Criminal Justice: When Neurosciences meet Criminal Law
Full text linkThis paper delves into the deepest and most relevant intersections between juveniles brain development and Criminal Law. It aims to understand and analyze current neuroscientific revelations pertaining to brain development in young adults, and how these same findings have impacted jurisdictions and legislations’ ways of handling the sentencing of younger individuals. Furthermore this article supports its arguments mainly on the basis of the most current and detailed neuroscientific research, focusing on the neuronal changes interesting adolescents’ brains, particularly focusing on the process of myelination, and the effects on behavioral patterns, such as an increase in explorative conducts and a generally diminished perception of danger. Key judicial rulings, such as the ones held in Roper v. Simmons (543 U.S. 551, 2005), Atkins v. Virginia (536 U.S. 304, 2002), and Miller v. Alabama (567 U.S. 460, 2012) are then examined to demonstrate how the U.S. judicial system has started to recognize the objectively diminished culpability in minors. Finally, the paper illustrates potential Italian Criminal Law flaws on the grounds of youth culpability via a comparative approach, moreover taking into account recent successful legislative innovations
