63 research outputs found

    La rappresentazione del Parlamento

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    The paper aims to show the relationship beetwen parlamentary publicity, democratic principle and representative principle. Then, the author tries to investigate if the new forms of publicity of parlamentary acts are an able answer to the crisis of representa- tion in constitutional democracy

    La rappresentanza politica. Note sul rapporto di prossimità ‘divergente’ tra processo e valore (di legge)

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    The paper aims to give an account of the issues of representation in public law, treated in connection with the procedural theories. The author tries to rethink, between political and legal constitutionalism, the representation, which also today shapes the de- liberativist democratism and the Rousseau’s constitutionalism. It looks at the represen- tation as a force of quality 'active' than the social pluralism, which gives form to the ideas (people, nation .. ) that did not pre-exist

    La fisica come modello per il dritto?

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    SOMMARIO: 1. L’epistemologia “fisicalista” di Bin. - 2. Sulla corrispondenza tra teoria kelseniana delle fonti del diritto e approccio newtoniano. - 2.1 La pratica della gerarchia normativa come limite dei giudici al potere politico. - 3. Dalla meccanica quantistica alla teoria delle stringhe. - 3.1 Dell’ontologia degli oggetti sociali. - 4. I continentali ed il postpositivismo giuridico analitico: il diritto come modello per le scienze naturali. - 5. La teoria discorsiva dell’interpretazione giuridica, l’uditorio ed il mondo delle probabilità.The article aims to discuss the theory presented by professor Roberto Bin in the book “A discrezione del giudice. Ordine e disordine. Una prospettiva quantistica” (Milano, Franco Angeli, 2013), according to which physical metaphors and intuitions can improve our comprehension of legal issues. In his book Professor Bin uses some paradigmatic shifts in physics (such as relativity theory and quantum physics) to illustrate the need of a revised constitutional theory. He argues, as Professor Lawrence Tribe firstly did in a famous essay of 1989, that scholars and lawyers can learn form modern physics, and, in particular, from quantum physics, to undermine the confidence of scientists in their ability to observe a phenomenon without altering it. Although agreeing with the heuristic ramification of the philosophy of science for legal studies and considering these metaphors as stimulating new studies, the Author argues that it is not correct to refer to natural sciences, such as physics, to leave the objective image of legal universe and particularly of constitutional issues. This is true, mainly because there is not an epistemological hierarchy between natural and social sciences. Even the scientific decisions borrow methodological options from the post-positivism science law – especially from the discursive theory of legal justification. In this perspective, at the opposite, natural sciences have to refer to legal doctrine

    La filosofia della scienza e lo studio delle fonti del diritto: appunti per una critica del “fisicalismo” giuridico

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    In questo saggio viene discussa la proposta teorica formulata da Roberto Bin nel libro, A discrezione del giudice. Ordine e disordine: una prospettiva quantistica, secondo cui la fisica ed i suoi presupposti epistemologici possono aiutare, secondo una intuizione di L. Tribe del 1989, a fondare, su nuove basi, la teoria delle fonti del diritto e dell’interpretazione giuridica. In particolare, l’applicazione delle premesse epistemologiche della fisica quantistica alla teoria del diritto svelerebbe il determinismo newtoniano della teoria kelseniana delle fonti (e dell’interpretazione) del diritto e la sovrapposizione tra il soggetto che interpreta e l’oggetto interpretato. L’Autore di questo lavoro, benché ritenga stimolante la metafora “fisicalista”, sostiene che non è necessario postulare premesse fisiche per spiegare il fenomeno giuridico. E questo perché non vi è alcuna gerarchia epistemologica tra le scienze naturali e le scienze sociali che prescriva di mutuare il metodo interpretativo dalla fisica. Al contrario, gli stessi fatti possono essere già spiegati con il discorso interno al diritto, quello proprio della teoria discorsiva dell’interpretazione giuridica e, soprattutto, gli stessi fisici costruiscono discorsivamente le proprie teorie, secondo l’opzione teorica propugnata dal post-positivismo giuridico analitico.The article aims to discuss the theory presented by Roberto Bin in his book A discrezione del giudice. Ordine e disordine: una prospettiva quantistica, according to which physical metaphors and intuitions can improve our comprehension of legal issues. In his book, Professor Bin uses some paradigmatic shifts in physics (such as relativity theory and quantum physics) to illustrate the need of a revised constitutional theory. He argues, as Professor Lawrence Tribe firstly did in a famous 1989 essay, that scholars and lawyers can learn form modern physics, and, in particular, from quantum physics, to undermine the confidence of scientists in their ability to observe a phenomenon without altering it. Although agreeing with the heuristic ramification of the philosophy of science for legal studies and considering these metaphors as stimulating new studies, the author argues that it is not necessary to refer to natural sciences, such as physics, to leave aside the objective image of legal universe and particularly of constitutional issues. This is true, mainly because there is not an epistemological hierarchy between natural and social sciences. Even the scientific decisions borrow methodological options from the postpositivism science of law – especially from the discursive theory of legal justification. In this perspective, on the opposite, natural sciences have to refer to legal doctrine

    Appunti per una semantica della rappresentanza politica: note ‘libere’ dall’incontro sassarese su “La rappresentanza nel diritto pubblico”

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    Il lavoro si propone di dar conto delle questioni su “La rappresentanza nel diritto pubblico” messe in gioco nell’incontro sassarese del 6 novembre 2014, immaginando di proseguire il dialogo con i relatori. Alle riflessioni del costituzionalista Caretti, che ha esperito il tentativo di delineare l’evoluzione (che si è rivelata involuzione) del concetto di rappresentanza politica dalle soglie della modernità sino allo Stato costituzionale contemporaneo, segue la critica radicale della logica della rappresentanza del romanista Lobrano, che oppone al modello del costituzionalismo medievale-inglese o parlamentare-rappresentativo il modello romano-repubblicano-municipale, del quale propone il recupero del contratto di societas contro l’inganno della persona ficta vel repraesentata. Il filosofo politico Mura, infine, ha guardato alla rappresentanza politica come forma moderna di legittimazione politica dell’autorità ed ha isolato due concezioni della rappresentanza nella storia del pensiero politico occidentale: la sostituzione di persone vs la sostituzione di volontà. L’autrice prova a ripensare la rappresentanza, della quale neppure il democraticismo deliberativista o il costituzionalismo rousseauviano paiono sino in fondo liberarsi, come una forza di qualità ‘attiva’ rispetto al pluralismo sociale, che mette in forma le idee (popolo, nazione..) che non le preesistono.The paper aims to give an account of the issues of "representation in public law" treated in the Sassari’s meeting of 6 November 2014, imagining to continue the dialogue with the speakers. First, the constitutionalist Caretti has performed an attempt to outline the evolution (which proved involution) of the concept of political representation from the threshold of modernity up to the State Constitutional contemporary. Second, the Romanist Lobrano had a radical criticism of the logic of representation, that opposed the model of constitutionalism-medieval English or parliamentary-representative to the Roman-republican model, which proposes the recovery of the contract societas against the deception of the person ficta vel repraesentata. Finally, the political philosopher Mura looked to political representation as a modern form of political legitimacy of the authority and underlined the existence two conceptions of representation in the history of Western political thought: the replacement of people against the replacement of will. The author tries to rethink the representation, which also today shapes the deliberativist democratism and the Rousseau’s constitutionalism, as a force of quality 'active' than the social pluralism, which gives form to the ideas (people, nation .. ) that did not pre-exist

    Pulmonary adenocarcinomas: a single-centre validation study of the clinical and prognostic utility of the WHO/ IASLC subtype classification

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    Objective: Adenocarcinoma is the most frequently reported histological subtype of lung carcinoma in many series as well as the most histologically variable and heterogeneous form. A WHO/IASLC classification of pulmonary adenocarcinomas was proposed in 2004 suggesting clinical and prognostic implications for the different subtypes. The aim of the present study was to analyze our patient population of resected patients with adenocarcinoma according to the WHO/IASLC classification to evaluate its clinical and prognostic utility Methods: From January 2004 to October 2008 a total of 277 patients received curative resection of primary lung adenocarcinoma at our Institution. There were 191 men (69%) and 86 women (31%) with a mean age of 65 years (range 42-82 years). The tumours were classified according to the 2004 WHO/IASLC classification into: acinar adenocarcinomas (AC), papillary/micropapillary adenocarcinomas (PAP), bronchiolo-alveolar carcinomas (BAC), and solid adenocarcinomas with mucin production (SOL). Adenocarcinomas with mixed subtypes were reclassified according to the most prevalent histotype. Prevalence, correlations and survival analysis both univariate and multivariate using some clinico-pathological variables (age, microscopic vascular invasion, grading, perineural invasion, tumourinfiltrating lymphocytes, T, N status and pathologic Stage) were performed among the different subgroups. Results: There were 41 AC, 82 PAP ( 45 pure papillary and 37 mixed papillary/micropapillary when a >5% micropapillary component was present), 30 BAC, 15 SOL. 10 adenocarcinomas were variant subtypes, including clear cell (4), signet ring (4) and pseudosarcomatous (2) adenocarcinomas. In 99 patients the histological subtype could not be defined. BAC were significantly associated with a less microscopic vascular invasion (p=0.01), a lower grading (G1) (p=0.0001) and a lower N status (p=0.02). Acinar and solid adenocarcinomas showed no significant correlation with any clinico-pathological variable. Papillary/micropapillary adenocarcinomas were associated with a higher grading (G3) (p=0.05). 3-year survival rates for the different subtypes were: BAC, 78%; AC, 75%; SOL, 67% and PAP 62% (pure papillary 68%, mixed papillary/micropapillary 53%). The 99 undefined adenocarcinomas had a 3 year survival rate of 75%. The differences among the groups were not significant (p=0.6). In multivariate analysis, the subgroup classification was not an independent prognostic indicator (HR 1.02, 95%CI 0.84-1.23). Conclusions: In our experience, about one-third of resected pulmonary adenocarcinomas cannot be classified into subtypes using standard histopathologic techniques. The papillary/micropapillary pattern is associated with a higher dedifferentiation, and the micropapillary component confers a survival disadvantage which however was not significant in the present series. Classification of pulmonary adenocarcinomas into subtypes was not an independent prognostic factor in multivariate survival analysis. Although promising, the prognostic utility of the WHO/IASLC adenocarcinoma classification needs to be verified on a larger number of patients

    Lung cancer with invasion of the interlobar pleura and minimal invasion of the adjacent lobe: which is the correct T determinant for a correct TNM staging?

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    Objective: Lung tumours invading the interlobar pleura with minimal invasion of the adjacent lobe (IAL) have been classified as T2 until the most recent TNM edition. Some authors questioned whether these tumors should be reclassified as T3. We analysed our experience of operated lung cancer patients with IAL in order to assess prevalence, correlations and prognostic significance in view of the forthcoming new TNM staging system. Methods: From January 1998 to October 2008 1521 lung cancer patients received resection at our Institution. Of these, 46 patients (3%) had IAL at the time of surgery requiring limited resection of the adjacent lobe in addition to resection of the primary lobe. There were 38 men and 8 women with a mean age of 65 years (range 46-82). Histologically, there were 24 adenocarcinomas, 13 squamous cell carcinomas, 5 bronchiolo-alveolar carcinomas, an 4 other types. N status was: N0 in 32 patients, N1 in 6 and N2 in 8 patients. Mean tumour dimension was 4 cm. (range 2-11). Prevalence, correlations and survival analysis either univariate and multivariate were performed in the population of patients with and without IAL at the time of surgery. For survival analysis, patients with IAL were compared with patients with operated T2 (visceral pleural) and T3 (parietal pleura) M0 stages in the same period. Patients with tumour involvement beyond parietal pleura were excluded. Results: Histology and N status were similar among the IAL patients as compared to the general population of operated NSCLC patients (p=0.1 and p=0.38 respectively). Logistic regression analysis using the presence/absence of IAL as dependent variable and several clinico-pathologic variables including grading, microscopic vascular invasion, tumour-infiltrating lymphocytes, tumour dimension and N factor revealed that the presence of IAL was significantly correlated with microscopic vascular invasion (OR 0.45, 95%CI 0.23-0.89, p=0.002). Five-year survival of patients with IAL, T1, T2 (visceral pleura) and T3 (parietal pleura) disease were 42%, 60%, 48% and 28% overall (p=0.00001), and 53%, 66%, 60% and 35% in N0 disease (p=0.00001). Survival of IAL was similar to that of T2 (visceral pleura) (p=0.40 overall and p=0.61 in N0 disease) and significantly higher than that of T3 (parietal pleura) disease (p=0.04 overall and p=0.05 in N0 disease). In multivariate analysis, the presence of IAL was associated with a nonsignificant increased risk of death (HR 1.08, 95%CI 0.66-1.76, p=0.75) as compared to visceral pleura involvement (HR 1.25, 95%CI 1.06-1.47, p=0.007) and parietal pleura involvement (HR 1.78, 95%CI 1.40-2.25, p=0.00002). Conclusions: In lung cancer, invasion of the interlobar pleura and minimal invasion of the adjacent lobe is observed far less frequently than involvement of visceral or parietal pleura. IAL is associated with microscopic vascular invasion. Patients with IAL have a prognosis more similar to T2-visceral pleura disease, and significantly better than T3 parietal pleura disease. Maintenance of the present TNM classification for these patients seems justifiable

    Multicentre, randomised, open-label, parallel-group, clinical phase II study to evaluate immunonutrition in improving efficacy of immunotherapy in patients with metastatic non-small cell lung cancer, undergoing systematic nutritional counseling

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    BACKGROUND: Nutritional support, including nutritional counseling and oral nutritional supplements (ONS), has been recommended as a first-line strategy in patients with non-small cell lung cancer (NSCLC). Evidence on the efficacy of immunonutrition during immunotherapy in these patients is positive, but still limited some secondary endpoints, such as treatment toxicity and tolerance. We hypothesize that early systematic provision of ONS with a high-protein-high calorie mixture containing immunonutrients (Impact®) in addition to nutritional counseling, compared to nutritional counseling alone, is beneficial to patients with NSCLC receiving immunotherapy with or without chemotherapy. We designed the present study to evaluate the efficacy of early systematic provision of ONS enriched with immunonutrients compared to nutritional counseling alone, in patients with NSCLC undergoing immunotherapy. Study endpoints were: treatment response (primary endpoint: progression-free survival), treatment tolerance and toxicity, body weight, body composition, protein-calorie intake, quality of life, fatigue, muscle strength and immunological profile. METHODS: This is a pragmatic, multicentre, randomized (1:1), parallel-group, open label, controlled, pilot clinical trial (N = 180). DISCUSSION: The improvement of efficacy of nutritional support in oncology still deserves many efforts. Immunonutrition represents a promising approach also in patients with NSCLC, but evidence on its efficacy on clinical outcomes during immunotherapy is still inconclusive. The present pilot study, which guarantees early high-quality nutritional care (assessment and treatment) to all patients in agreement with current guidelines and recommendations, could represent one of the first proofs of efficacy of early oral immunonutrition in patients with cancer undergoing immunotherapy. Further large randomized trials addressing the improvement of supportive care could be hypothesized, accordingly. TRIAL REGISTRATION: This study is registered on ClinicalTrials.gov Identifier: NCT05384873

    LIGHT as regulator of bone homeostasis during osteolytic bone metastasis formation in non-small cell lung cancer patients

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    Tumor necrosis factor superfamily member 14 (TNFSF14), LIGHT is one of the cytokines produced by tumor and immune cells, which promotes homeostasis of lymphoid organs, liver and bone. Nonsmall cell lung cancer (NSCLC) commonly metastasizes bone, altering bone homeostasis and causing osteolysis. Here we investigated the role of LIGHT in NSCLC-induced osteolytic bone disease. The LIGHT expression in monocytes was higher in patients with metastatic bone lesions than in non-bone metastatic ones (66.5 ± 24.5 vs 43.3 ± 25.2 mean ± SD, p = 0.001), in healthy donors (66.5 ± 24.5 vs 8.5 ± 4.6 p = 0.0002), and in non-bone metastatic patients than in healthy donors (43.3 ± 25.2 vs 8.5 ± 4.6, p = 0.0001). Serum LIGHT levels were also significantly higher in bone metastatic patients than in non-bone metastatic ones (186.8 ± 191.2 pg/ml vs 115.8 ± 73 pg/ml, p = 0.04) and in healthy donors (186.8 ± 191.2 pg/ml vs 85.7 ± 38.4 pg/ml, p = 0.04). A neutralizing mAb anti-LIGHT added to osteoclast (OC) cultures of both bone and non-bone metastases inhibited osteoclastogenesis, but the decrease was statistically significant only for bone metastatic patients (272 ± 98 vs 132 ± 74, p = 0.01). To investigate the role of LIGHT in NSCLC- induced bone lesion in vivo, we performed an intratibial injection of a mouse lung cancer cell line LLC-1, in wild-type (WT) and LIGHT KO mice. The WT-injected mice displayed a significant reduction of about 20% for BV/TV, Tb.N, Tb.Th, and Tb.Sp compared to the WT-vehicle mice (pb 0.01). These parameters did not show significant variation for KO-injected mice vs vehicle or for WT-injected mice vs KO-injected mice. These data indicate LIGHT as a regulator of bone homeostasis during NSCLC metastatic invasion, thus it may be a novel therapeutic target in osteolytic bone metastases

    ll cercatore di funghi: per un'ecologia della traduzione poetica

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    The essay explores the ecological dimension of translation. Following an introduction to recent theoretical discussions on the translation of poetic texts, the author examines exemplary translations of Shakespeare by two central figures of 20th-century Italian literature, Montale and Ungaretti. The analysis highlights how and to what extent one translation can be considered more sustainable and ecological than another
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