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Diritto ed etica professionale: prime indicazioni per l’impiego dell’IA in medicina
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CPR come nonluoghi. Riflessioni necessarie sulla salute dei migranti detenuti
No full textCPR, as places of detention, have a heavy impact on mental health of people imprisoned. The only crime committed by these people is to escaped from wars and persecutions to survives, or to look for a better life, exposing themselves to potentially traumatic experiences. They are locked up in non-places made specifically to lose identity and adhere to that offered by the total Institution. As Augè and Goffman remind us, cultural, psychological and anthropological contexts modify the person in their behavior and also in their perception of themselves and others, making them even more vulnerable to various mental disordersI CPR, esattamente come i luoghi di detenzione, incidono pesantemente sulla salute mentale di chi vi è rinchiuso. L’unico reato commesso da queste persone è essere fuggiti da guerre e persecuzioni per mettere in salvo la vita, o cercarne una migliore, esponendosi ad esperienze potenzialmente traumatiche. Si ritrovano in non-luoghi fatti apposta per perdere l’identità e aderire a quella offerta dall’Istituzione totale. Come ci ricordano Augè e Goffman, i contesti culturali, psicologici e antropologici modificano la persona non solo nei comportamenti ma nella percezione stessa di sé e da parte degli altri, rendendola ancora più vulnerabile a vari disturbi mentali
Lo sviluppo sostenibile, i nuovi articoli 9 e 41 della Costituzione
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Prime riflessioni sul Regolamento Europeo sullo spazio europeo dei dati sanitari: l’uso secondario e il diritto di esclusione riguardo al trattamento dei dati sanitari elettronici personali
No full textThe aim of this paper is to provide an initial analysis of the Regulation (UE) on electronic health data, identifying the main innovative elements compared to the previous regulatory framework in this area. The objective is to assess its po-tential impact at the national level and to determine the necessary coordination measures to ensure the effective implementation of the outcomes envisaged by the European legislator. This cross-cutting analysis places particular emphasis on genetic and genomic data within the broader category of electronic health data, highlighting the different approach taken compared to the GDPR and the potential consequences this may entail.L’obiettivo del presente scritto è quello di proporre una prima analisi del nuovo Regolamento europeo dei dati sanitari elettronici, individuando i principali elementi di innovazione rispetto al sistema precedente in tale ambito, al fine di comprendere quale sarà l’impatto sul piano interno e quali misure di necessario coordinamento dovranno essere adottate al fine di rendere effettivi i risultati voluti dal legislatore europeo con la nuova disciplina. Tale analisi trasversale, intende porre un focus particolare, tra i dati sanitari elettronici, sui dati genetici e genomi-ci, mostrando il diverso approccio rispetto al GDPR e i possibili esiti che esso può determinare
Regulatory Sandboxes in Artificial Intelligence: bridging the gap between technology and law
No full textAs technical developments of Artificial Intelligence grow in speed and complexity, ensuring the legal protection of related products and services become increasingly difficult. With legislation struggling to keep up with innovation, more flexible and technology-friendly experimental regulatory tools have been recently introduced in the European context, such as regulatory sandboxes. After discussing main legal issues arising from the integration of AI in daily life, the paper outlines the framework of AI regulatory sandboxes set out in the AI Act, as well as some potential benefits and risks associated to their employment to test the impact and legal compliance of innovative AI technologies. The paper also delves into a practical example of regulatory sandbox combining AI in the healthcare and data protection and security.As technical developments of Artificial Intelligence grow in speed and complexity, ensuring the legal protection of related products and services become increasingly difficult. With legislation struggling to keep up with innovation, more flexible and technology-friendly experimental regulatory tools have been recently introduced in the European context, such as regulatory sandboxes. After discussing main legal issues arising from the integration of AI in daily life, the paper outlines the framework of AI regulatory sandboxes set out in the AI Act, as well as some potential benefits and risks associated to their employment to test the impact and legal compliance of innovative AI technologies. The paper also delves into a practical example of regulatory sandbox combining AI in the healthcare and data protection and security
Reframing Ius Gentium: The Spanish Scholasticism and the Early Formation of International Law
No full textThe article examines the role of the Spanish Scholasticism – Vitoria, Soto, and Suárez – in the early modern formation of ius gentium. Whereas nineteenth-century scholarship credited Grotius with founding modern international law, recent studies emphasise the earlier, foundational contribution of the School of Salamanca. Working within the forum conscientiae and confronting dilemmas arising from Spain’s expansion into the Americas, these theologians clarified the relationship between natural law, civil law, and ius gentium. Vitoria grounded it in the “consent of the whole world”, giving it distinct normative force; Soto understood it as the result of rational deliberation shared by all peoples; Suárez systematised it as universal customary law, distinguishing ius inter gentes from ius intra gentes. Their innovations, while ultimately diverging from it, shaped the later Northern natural-law tradition of Grotius and Pufendorf
Julían Marías e il concetto di «persona»: Fra identità e carattere ‘futurizo’
No full textThe article tries to present a reflection on the theme of the «person». After having made a historical-philosophical overview of the way of conceiving humans and their being, we focus on the concept expressed by J. Marías in his 1996 text: Persona. The person is both real and unreal. On the one hand, the person finds himself in a circumstance that (s)he did not choose; on the other hand, (s)he is a futuristic, projective being and through this (s)he takes possession of his/her own life and the world around him/her.The article tries to present a reflection on the theme of the «person». After having made a historical-philosophical overview of the way of conceiving humans and their being, we focus on the concept expressed by J. Marías in his 1996 text: Persona. The person is both real and unreal. On the one hand, the person finds himself in a circumstance that (s)he did not choose; on the other hand, (s)he is a futuristic, projective being and through this (s)he takes possession of his/her own life and the world around him/her
La via dell’interiorità: La Psicologia di A. Rosmini, la fenomenologia e le neuroscienze
No full textExistential analysis takes as starting point the world-of-life and discovers the integral reality of the person who is the metaphysical unit of soul and living body. Re-proposing the question of consciousness means recognizing the importance of the inner dimension, which is defined by the term “soul”, in which the metaphysical question arises about the meaning of life and existence.
Following the path of interiority, the original meaning of the soul, the self-consciousness that presupposes the dimension of the unconscious, is clarified. The anthropological question aims to develop a hermeneutic of existence: the human being is the synthetic unit of objective ideal being and the fundamental bodily feeling. This unity manifests itself in intellectual perception.
While neuroscientific discoveries define the material and biological conditions of the human being, the phenomenological analysis of consciousness, which is not exhausted in transcendental subjectivity, can indicate the constitutive relationship of the human mind with the truth of being. Neuroscience, phenomenology and metaphysics can find a space for mutual integration, against any reductionism, through the gaze on the integral truth of the person who is love.
The ontological synthesism of the three forms (ideal, real and moral), which Rosmini talks about, is an indication of the foundation of the ethics of care: care of oneself and one’s soul, care of one’s neighbor, care of being. In the final analysis, care is the integral form of being. Rosmini strives to decipher the metaphysical mystery of the person understood as a relational substance or subsisting relationship, whose essence consists in love and whose ultimate goal lies in the union of love with others and with God.
Metaphysical inobjectification (or the original presence of the ideal, objective, indeterminate being in the human mind) and moral inobjectification (or “the experience” of a person that is reflected in the inner experience of another consciousness) are both expression of a dynamic conception of being and human being, that is relationship. Such a perspective is expressed on a phenomenological level in empathy.
According to the neuroscientific discoveries, empathy has a plausible explanation in mirror neurons that are a constituent part of human existence, like other biological structures and functions. However, material and biological conditions, while necessary, are not sufficient.
The mutual integration between anthropological dimensions responds to the challenge of complexity and, at the same time, proposes the need to walk the path of interiority to address the question of meaning. This seems to justify the comparison between Rosmini’s psychology and metaphysics of love – also attentive to the psychological investigations – and today’s development of neuroscience and contemporary phenomenology, with particular reference to Husserl and Edith Stein
