1,721,258 research outputs found
La verità come interesse collettivo
No full textAssuming the truthfulness in political and institutional relations as a collective interest, this comment focuses on some implications, from the perspective of legal theory, of the statement of a general right to the truth. The author considers the conditions of its assumption as a fundamental right and discusses several aspects of the alethic rights proposed by Franca D’Agostini
Pratica dei diritti umani e pluralismo giuridico nella ricerca antropologica
No full textStarting from different notions of human rights practice and from the anthropological debate on human rights, the author considers two different models of relationship between Human Rights and Legal pluralism. On the basis of some anthropological researches concerning the processes of localization of rights, she finally points out the existence of limits in these processes and the necessity to maintain a correspondence between human rights practice and the principles of human rights law and theory
Los derechos en la Europa multicultural : pluralismo normativo e inmigraciòn
No full textThe book applies some concepts of multiculturalist debate at the actual context of normative pluralism in european societies. The meaning of ‘individual’, ‘collective’, ‘cultural’ rights is analyzed in relation with the needs and request of immigrants groups, and with public policies toward them. A subjectif approach to legal pluralism is considered as the most suitable to the knowledge of the “living law” of immigrants and to the foundation of a multicultural law which tends to protect and promote individual autonomy and well-being. Two cases are particularly considered: female circumcision and differents solutions to its legal treatment; muslim communities and their demands of recognition of religious-juridical norms. In these as in other cases immigrant women risk most discrimination and damages: the book presents their position, their need of specific rights and forms of political participation. Finally the author expose her view of a multicultural law centered on individual choice
Diritti fantasma? : Considerazioni attuali sulla proliferazione dei soggetti
No full textWithin the framework of rights proliferation in the last decades, this article considers the proliferation of subjects in the rhetoric of rights, as seen from both the rights holder and the institutional bodies that claim the rights of others. It particularly focuses on the issues raised by those subjects who cannot personally claim and formulate their own rights (e.g. future generations, embryos, newborns, but also mentally incapable people) and of
those subjects who could be able to claim and formulate their own rights, but cannot do so because their very same rights are the dominion of an institution, a church, a state, a community, or the family.
The article considers the question from the origins of rights– as connected with the idea of “dominium” and with a rational, autonomous individual holder of rights – up to the well-known debate between will theories and interest theories of rights and, finally, the controversial relationship between personal autonomy and rights in feminist literature
Diritti delle donne tra particolarismo e universalismo
No full textNumero monografico di Ragion Pratica, n. 2/200
- …
