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AI Systems Involved in Harmful Events: Liable Persons or Mere Instruments? An Interdisciplinary and Comparative Analysis
No full textThe article investigates the nature of AIs under criminal law, i.e., whether they are legal persons or mere tools. The study applies a double methodology. Firstly, from a comparative perspective, it analyses the US and the Italian legal systems, as they represent the two main legal traditions in the Western World, namely, common law, and civil law. Secondly, it applies the interdisciplinary research method, by reference to non-legal disciplines. The article criticizes the doctrine maintaining that AIs may be considered as legal persons. Then, it aims to demonstrate the opposite thesis, according to which AIs are mere tools.The article investigates the nature of AIs under criminal law, i.e., whether they are legal persons or mere tools. The study applies a double methodology. Firstly, from a comparative perspective, it analyses the US and the Italian legal systems, as they represent the two main legal traditions in the Western World, namely, common law, and civil law. Secondly, it applies the interdisciplinary research method, by reference to non-legal disciplines. The article criticizes the doctrine maintaining that AIs may be considered as legal persons. Then, it aims to demonstrate the opposite thesis, according to which AIs are mere tools
Diritti delle generazioni future o doveri delle generazioni presenti? Giustizia e responsabilità sotto la lente del cambiamento climatico
No full textClimate change is forcing philosophical and legal thought to recompose the complexity of a polycentric phenomenon and highlight the break with traditional concepts. The explosion of climate change litigation is an opportunity to examine the intergenerational instance in the justice and civil liability. The simplicity with which future generations have entered the constitutional charters does not correspond to the possibility of configuring individual legal rights in the dynamics of private law. The impossibility of drawing effective and actionable defense for individuals reveals the weakness of known remedies in the presence of contemporary activity that falls negatively on the future community.Il cambiamento climatico sta costringendo il pensiero filosofico e giuridico a ricomporre la complessità di un fenomeno policentrico e ad evidenziare la rottura con i tradizionali concetti. L’esplosione del contenzioso climatico è l’occasione per esaminare l’istanza intergenerazionale nelle dinamiche della giustizia e della responsabilità civile. La relativa semplicità con cui le generazioni future sono entrate nelle carte costituzionali non corrisponde alla possibilità di configurare posizione giuridiche soggettive nelle dinamiche tra privati. L’impossibilità di disegnare una tutela effettiva ed azionabile tra privati rivela la debolezza dei rimedi conosciuti in presenza di un’attività contemporanea che ricade in maniera negativa sulla collettività futura
Algorithmic content moderation and the LGBTQ+ community’s freedom of expression on social media: insights from the EU Digital Services Act
No full textThe essay explores the use of artificial intelligence as a tool for content moderation by social media platforms and how it poses risks to the freedom of expression of LGBTQ+ individuals, perpetuating online the marginalization experienced by queer individuals offline. The EU’s Digital Services Act (DSA) regulation attempts to address this issue by balancing the need for content moderation with safeguards to freedom of expression. However, in order to mitigate the risks to the queer community’s freedom of expression, a regulatory approach must include transparency obligations on platforms that use algorithmic content moderation, but also avoid incentivizing social media to adopt a more aggressive and generalized moderation approach to elude the risk of being sanctioned, generating the so-called ‘better safe than sorry’ effect.  
La Chiesa avventista del settimo giorno e il fine vita: linee guida confessionali e norme statali in dialogo
No full textThe Seventh-day Adventist Church, despite its opposition to actively taking the life of a terminally ill patient, to suicide, and to facilitating a person’s suicidal plan, endorses the use of palliative care and painkiller, even though they can significantly accelerate the dying process. Its guidelines on the subject, Care for the Dying, were issued in 1992 and revised in 2013. The article analyzes this document and compares it with state legislations such as the Oregon’s law on dying with dignity of 1997 or the one foreshadowed by the judgement of the Italian Constitutional Court of 2019.La Chiesa avventista del settimo giorno, nonostante sia contraria a togliere attivamente la vita a un malato terminale, al suicidio e ad agevolare il progetto suicida di una persona, approva l’uso di cure palliative e di antidolorifici, anche se possono accelerare notevolmente il processo di morte. Le sue linee guida in materia, Care for the Dying, sono state pubblicate nel 1992 e riviste nel 2013. L’articolo analizza questo documento e lo confronta con alcune normative statali come la legge dell’Oregon sul morire con dignità del 1997 o quella prefigurata dalla sentenza della Corte costituzionale italiana del 2019
Virtualità assoluta. Sul binomio ‘virtualità\u27 e \u27creazione’ a partire dalla Teosofia di Antonio Rosmini: Virtuality and creation in Antonio Rosmini\u27s "Theosophy"
No full textThis paper addresses the main senses of ‘virtuality’ in Rosmini’s Theosophy and their metaphysical implications. The notion is, indeed, implied in the broader frame of the relationship between the unity of being and the multiplicity of finite entities. The articles investigates the entanglement between ‘virtuality’ and God’s creation in order to understand in what sense, on the ridge between tradition and modernity, Rosmini can elaborate senses of ‘virtuality’ that pertain not only to entities, but also to being and to God himself. In the conclusion, a dialogue with contemporary philosophy will be attempted to track down further senses and roles of ‘virtuality’, always intertwined with creation
La monografia di Santi Romano e l’insegnamento del diritto parlamentare, oggi
No full textAlthough the thesis supported in it is now clearly recessive, the re-reading of Santi Romano’s monograph of 1906 dedicated to the legal nature of parliamentary rules of procedure offers a series of useful reflections on the method of study and teaching, today, of parliamentary law. Santi Romano, in fact, succeeds in identifying what were – and for the most part still remain – the main methodological and conceptual nodes, relating above all to the system of sources of law, of a discipline that precisely in that timeframe began to arise. In particular, reference is made to the weight of unwritten sources of law, to the question of internal or external effects of the parliamentary rules of procedure (both in the major and minor ones); or to problems relating to the identifiability and incisiveness of forms of judicial control that adopt parliamentary rules of procedure as parameters or as objects. The contribution is articulated around these nodes, obviously also in light of the several innovations that have occurred in the meantime, up to the most recent years, in order precisely to show the persistent usefulness of dedicating specific and in-depth attention to these issues in the courses of parliamentary law held today.Although the thesis supported in it is now clearly recessive, the re-reading of Santi Romano’s monograph of 1906 dedicated to the legal nature of parliamentary rules of procedure offers a series of useful reflections on the method of study and teaching, today, of parliamentary law. Santi Romano, in fact, succeeds in identifying what were – and for the most part still remain – the main methodological and conceptual nodes, relating above all to the system of sources of law, of a discipline that precisely in that timeframe began to arise. In particular, reference is made to the weight of unwritten sources of law, to the question of internal or external effects of the parliamentary rules of procedure (both in the major and minor ones); or to problems relating to the identifiability and incisiveness of forms of judicial control that adopt parliamentary rules of procedure as parameters or as objects. The contribution is articulated around these nodes, obviously also in light of the several innovations that have occurred in the meantime, up to the most recent years, in order precisely to show the persistent usefulness of dedicating specific and in-depth attention to these issues in the courses of parliamentary law held today
Tres digiti scribunt…
No full textNell’editoriale si introduce al tema del primo numero di Digiti e si presentano i contributi