1,721,030 research outputs found
La “prima porta”. Riflessioni sull’accesso alle Corti da parte dei non abbienti
No full textThe purpose of the paper is to call attention to the evolution and main features of the political and legal models developed, in the Western legal traditional, with regard to the problems of the poor‘s access to courts. The author underlines how the debate on legal aid opens a space to reconsider the lawyer’s role as charged by public functions. This apparent advantage for justice could risk both decreasing the lawyer’s “partiality” and obscuring the fact that access to defence is, to use a kafkaesque image, only the “first” door through which the poor in search in justice must pass. Moreover, the normative solutions offered in the form of legal aid have concentrated (with some important exceptions) almost exclusively on the provision of expert help, without being concerned to explore, on the one hand, “intrasystemic” measures (in order, for example, to semplify legal language and to reduce court fees) and, on the other hand, alternative forms of access to justice
“Viejos" y "nuevos" derechos del niño. Un enfoque teórico
No full textThe article analyzes some theoretical issues that arise from the process of “specification” of the human rights in relation to children. The author takes into consideration both “old” children’s rights, that is, the first rights to have obtained legal recognition, as well as “new” rights, those abscrived to children by the Convention on the Rights of the Child of 1989. The first refer to social rights (such the right to health or education), which content is determined by “positives” duties of third parties. The second refer to the enjoyment of certain liberties – of expression, of thought, of religion, of protection of private life –, which are usually understood as the object of "negative" rights. In both cases, the purpose is to underline how the relationship between children and rights is, even if problematic, theoretically useful insofar as it allows to question the liberal conception of human rights, at least in its more traditional version
Attualità di un classico. Rileggendo "The Child Savers" di Tony Platt
No full textThe essay reconstructs the history of the different editions of The Child Savers by Anthony M. Platt, not sticking to a merely philological perspective, but trying to highlight the theoretical transformations that pass through it in its three different editions (1969, 1977 and 2007). This is an intellectual evolution that is closely linked to the political biography of the Author and with the modulations of his research. Both the stratigraphy of meanings that characterizes Platt’s work and the relevance of his perspective on the topic of juvenile justice are highlighted. In fact, more than fifty years later, his work continues to spark discussions among generations of scholars, as demonstrated by the papers published in this sectio
Scienza giuridica e deontologia forense. A margine di due interventi di Giovanni Tarello
No full text“Monelli banditi”. Linee evolutive (e involutive) del modello rieducativo nella giustizia minorile italiana
No full textJustice for the Poor in the Hands of the Lawyers? Some Remarks on Access to Courts and Legal Aid Models
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