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Uccidere la casa? Sulle problematiche implicazioni dell’ecocidio
Full text linkThe term ‘ecocide’ does not yet have a clear definition, but a growing legal and criminological literature advocates its introduction along the lines of human genocide among international criminal crimes. Such a crime would be attributable to corporations and states as well as to ordinary behaviors that contribute to climate disasters. This article puts forward some theoretical critiques of the ecocide proposal, and its overall aim is to show that instead of separating human beings (genocide) and the common ‘home’ (ecocide) while pivoting on the punitive moment, we need an interspecies legal imagination, i.e. one that concerns relations between species, and not one based on the stability of the boundary between them and the domestic metaphor with its problematic implications
La semimbecille e altre storie. Biografie di follia e miseria: per una topografia dell'inadeguato
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Nascita della biodiversità
No full textThis article is part of a broader research that deals with the relationship between law and nature by following the traces of this long-standing and controversial relationship, while at the same time placing itself in the perspective of a history of the present, that is, a mode of inquiry that critically questions how law can, today, speak “ecologically”. An inescapable fragment of such research is devoted to the concept of biodiversity. The main hypothesis is that of a distinction between a present governed through biodiversity as opposed to a past in which the aim was, much more modestly, to conserve biological diversity. The perspective is that of a genealogy of biodiversity, that is, the construction of a history of the political use of this concept rather than the evaluation of the sustainability or otherwise of the policies that make use of it
La forma del sociale: Kelsen, Freud e Thomas a confronto
No full textHow does the social take shape? Beginning with a joint reading of Kelsen’s and Freud’s thought, and in particular, from Der Begriff des Staates und die Sozialpsy- chologie. Mit besonderer Berücksichtigung von Freuds Theorie der Masse (1922) and Massenpsychologie und Ich- Analyse (1921) respectively, the question will be answered through the research and “method” of Yan Thomas. The comparison between the three authors allows us to illuminate the libidinal form of society as well as the legal form, both as attempts to respond to the still too naturalistic concept of the social bond. Here the concept of coercion (Zwang) plays a decisive role, particularly for Kelsen and Freud who propose a social model that has the features of the penal. By conflating the concept of coercion with a “civil” genealogy, however, Thomas can open up a new glimpse into the form of the social
Bisogna davvero difendere la società? I processi penali a carico degli attivisti No Tav tra difesa sociale e difesa dello stato
No full textMust society be really defended? Penal trials against No Tav activists between social defence and state defence.** This paper offers the results of an ethnographic research consisting of a period of one and a half year of observation of the criminal proceedings against the activists of the 'No Tav movement', as well as the analysis of the documents of the trials. The interpretation suggested here aims at highlighting these proceedings as contemporary phenomena of political trials in which both the principle of social defence foundation and justification of the right to punish and the principle of raison d état are at stake. In conclusion, the contribution shows how these principles, which are already irreconcilable with the Magna Charta of the accused person, take on a new form when the State turns global. The public economic order is defended, while those who dispute the merit and the method of infrastructure by critically raising a debate on social and environmental issues prove to be a suitable enemy targeted by criminal sanctions
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