695 research outputs found
Tutela per le vittime della violenza d'impresa
No full textwhite-collar crimes and corporate violence are defined and discussed from a victims perspective, especially highlighted and enhanced by the EU Directive n.29/2012 which is deemed as having effected a groundbreaking change in the approach to criminal justice and environmental issues. The essay is largely based on the outcomes of a research funded by the European Commission that has been coordinated by the author
Il “quadro in movimento” della colpa penale del medico,tra riforme auspicate e riforme attuate
No full textThe article deals with possible interpretations and critical issues of the so called "decreto balduzzi", namely a recent Italian reform which has introduced new standards for the evaluation of criminal negligence occurring in the course of the provision of clinical or medical service. The main problems of such reform lies in its reference to the medical guidelines,which, being distinct from the duty of care rules aimed at preventing events damaging for the patients, are deemed by the author as unsuitable for a trustworthy assessment of criminal negligence of doctors
Alle radici della servitù volontaria : Friedrich Nietzsche e il desiderio di obbedire
No full textThis essay aims to provide an interpretation of the relationship between subjectivity
and power in Friedrich Nietzsche that differs both from the interpretations that make
the «will-to-power» the instrument of the domination of the strong over the weak and
from the interpretations that see in «the will-to-power» the recovery of the idea of «in -
nocence of becoming». The hypothesis put forward consists in identifying in the nexus
that Nietzsche poses between the birth of the subject and the will to life one of the semi-
nal loci in which philosophy approaches the burning theme of voluntary servitude. The
Author focus on the continuity detected between Christianity and the modern world to
emphasize the complexity with which Nietzsche describes the process of subjectifica-
tion that made the human animal docile and controllable, manipulable and obedient,
bringing us one of the first and most powerful investigations into the link between sub-
jectivity and pastoral power
MANZONI E LA «FURIA» DEL GIUDIZIO PENALE
No full textThe kind of “law &literaryre” method that has characterized for thirteen years the so-called meetings and works of "Justice and Literature" at the Catholic University of Milan, can still be said to be inspired by the question well expressed by the philosopher Roberto Esposito, in the review of the first of the nine volumes that collected the results of this experience: «What can ever connect law to literature? A deep furrow seems to separate the boundless fluidity of literary writing and the rigidity of a juridical order aimed at discriminating between licit and illicit conduct». A method that "provokes" the fluvial course of narratives by opposing the arrest of judgment - often perceived by the literary worlds in that reductive and constrictive form of thatis the administration of justice of which Leonardo Sciascia felt and branded the "terribility" - and by observing the whirlwinds and floods that that (unnatural?) interposition generates. It is by moving from such a "dialectical" view between the two areas that one can grasp at least a sense of the joint (and not simply consecutive) reading of the Promessi sposi and of the Stroia della Colonna infame by Alessandro Manzoni now unavoidable after the relatively recent "discovery" by the critics of the close relationship between the two works. And the «key to everything», for such a reading, according to Manzoni's own words, lies in the fateful «they feared they wouldn't find him guilty» which the author takes from Verri: a formidable obstruction to the fluidity of that «common sense» which « there was; but he hid for fear of common sense" and that, if he prevailed, "the matter would have been clearer.
Elementi di calcolo vettoriale con numerose applicazioni alla geometria alla meccanica e alla fisica-matematica.
No full textAt head of title: C. Burali-Forti e R. Marcolongo.Mode of access: Internet
Letteratura, educazione ‘morale’ dell’attenzione e residualità della risposta punitiva all’illecito
No full textThe author deems that literature and especially literary works of high aesthetic quality are relevant to law as their reading can foster, among legal practitioners as well as the general public confronted with legal matters through mass medias, those cognitive and moral virtues of empathy, attention, humanity and patience which are required to understand the complex issues law must deal with. That is particularly appropriate in the field of criminal law, where such virtues make up the cornerstone of the ability to consider and actually apply t(on the part of policymakers and the judiciary as well) the subsidiarity i.e. ultima ratio principle, namely the recourse to criminal law for protection against offences only when other social or legal means are proved to be ineffective
Relazione introduttiva
No full textGeorge Fletcher, the prominent American legal scholar, the master of comparative and transnational law is also author of literary work, a novel depicting the academic and personal experiences of a professor in a law school. Just this feature gives some hints on the ways law and literature can interact, as well developed and theorized by the “Law and Literature” movement, as well as in the project “Justice and Literature” the author of the essay has been directing for many years. Just the title of the novel – The Bond – stirs several associations with the ability of Fletcher to bond together different legal cultures and categories, displaying how the «only connect» motto resounding in a novel of E.M. Forster is so vital for law scholars and practitioners as well. From this noteworthy “Life in seven languages” (as a work on Fletcher’s own legal and family life is titled) the essay draws some teachings and remarks for current Italian lawmakers, especially highlighting the need for them to take care, in theory and practice,of what is required to steer and actually effect application and enforcement of laws, especially criminal laws:, not contenting themselves with the mere drafting of legal texts easily amenable and quite palatable to popular demands
PROSECUTING LARGE-SCALE ATROCITIES IN INTERNATIONAL CRIMINAL COURTS BETWEEN COLLECTIVE FORMS OF IMPUTATION AND INDIVIDUAL CRIMINAL LIABILITY: THE STRANGE CASE OF 'JOINT CRIMINAL ENTERPRISE'
No full textLa ricerca affronta una particolare forma di responsabilità concorsuale per crimini internazionali chiamata ‘joint criminal enterprise’ (JCE), creata dal Tribunale Penale Internazionale per l’ex-Yugoslavia. Il perno attorno al quale la ricerca si svolge è la suscettibilità di un tale criterio di imputazione di trasformarsi in un veicolo di responsabilità penale collettiva. Al fine di discutere dei punti di frizione di questo meccanismo ascrittivo con il fondamentale principio di responsabilità penale individuale e colpevole, l’autrice si propone di tracciare innanzitutto una cornice teorica più ampia. Il punto di partenza va individuato nella polarizzazione tra due forze che agiscono in senso opposto: una macro-dimensione, composta da fattori collettivizzanti (fattore storico, sistemico e teleologico), e una micro-dimensione che tenta di comprimere la responsabilità penale nei rigidi confini della colpevolezza. Collocata dunque al centro della “tensione” tra queste due forze opposte, la ‘joint criminal enterprise’ rivela i suoi caratteri più problematici, specialmente con riferimento ai requisiti di un nesso eziologico “indiretto” e a un elemento soggettivo fortemente indebolito. Addentrandosi infine nell’analisi comparata di sistemi di common law e civil law, l’autrice propone all’interprete internazionale diverse argomentazioni e correttivi al fine di un’applicazione della JCE che sia maggiormente conforme al principio di responsabilità penale personale e colpevole.The thesis discusses a particularly problematic mode of liability for international crimes: the doctrine of ‘joint criminal enterprise’ (JCE) created by the International Criminal Tribunal for the former Yugoslavia. The core issue is the suitability of this mechanism of attribution to turn into a vehicle of collective criminal responsibility. In order to discuss its points of friction with the principle of individual culpability, the author designs a broader theoretical framework. The point of departure is a polarization between two opposing forces: a macro-dimension of collectivizing factors (historical, contextual and teleological) and a micro-dimension that strives to contain liability into the strict boundaries of individual guilt. Placed within the “strain” between these two opposing forces, JCE reveals its highly problematic features, especially in relation to the requirements of an indirect causal nexus and a very weak mens rea. Finally, by venturing into a comparative analysis of common law/civil law domestic systems, the author proposes to the international interpreter several arguments and correctives in order to apply JCE liability in a manner that is more consistent with the fundamental principle of individual culpability
A broad-band network for power-line disturbance voltage measurements
No full textThis paper discusses the design and realization of a broad band network and its application to a voltage probe for monitoring the disturbance on the ac power line, including the very low-frequency components above the fundamental 50- or 60-Hz frequency. The circuit is capable of monitoring frequencies from a few hundred hertz up to well beyond 200 MHz. The very large bandwidth is obtained by paralleling the basic steep-skirt high-pass filter structure with a high-frequency pass-over branch. The basic characteristics such as in-band attenuation, power-frequency rejection, impedance, and dimensions, compare satisfactorily with existing voltage probes having much larger low-frequency cutoff. © 1988 IEE
Manzoni e la “furia” del giudizio penale
No full textThe kind of “law &literaryre” method that has characterized for thirteen years the so-called meetings and works of "Justice and Literature" at the Catholic University of Milan, can still be said to be inspired by the question well expressed by the philosopher Roberto Esposito, in the review of the first of the nine volumes that collected the results of this experience: «What can ever connect law to literature? A deep furrow seems to separate the boundless fluidity of literary writing and the rigidity of a juridical order aimed at discriminating between licit and illicit conduct». A method that "provokes" the fluvial course of narratives by opposing the arrest of judgment - often perceived by the literary worlds in that reductive and constrictive form of thatis the administration of justice of which Leonardo Sciascia felt and branded the "terribility" - and by observing the whirlwinds and floods that that (unnatural?) interposition generates. It is by moving from such a "dialectical" view between the two areas that one can grasp at least a sense of the joint (and not simply consecutive) reading of the Promessi sposi and of the Stroia della Colonna infame by Alessandro Manzoni now unavoidable after the relatively recent "discovery" by the critics of the close relationship between the two works. And the «key to everything», for such a reading, according to Manzoni's own words, lies in the fateful «they feared they wouldn't find him guilty» which the author takes from Verri: a formidable obstruction to the fluidity of that «common sense» which « there was; but he hid for fear of common sense" and that, if he prevailed, "the matter would have been clearer.
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