573 research outputs found
Mechanik der Entscheidung. Rechtsverwirklichung und Entscheidungsrichtigkeit durch die Rechtspraxis in Carl Schmitts "Gesetz und Urteil" (1912)
No full textIn order to aim a more complete understanding of Carl Schmitt's works, the author emphasizes the intellectual importance of Schmitt's first writings of 1910, which have been neglected by critics for being considered as merely technical. According to the author, on the contrary, it is possible to clarify the approach of Schmitt's mature thiking through them. In particular, the work written in 1912, "Gesetz und Urteil", contains an articulate description of the intuitive foundations of the decisionistic legal theory. Introducing with the concept of "Entschiedensein" the idea of the autonomous tendency of the 'random' moment in each decision, Schmitt lays the foundations of a general theory of law, which the author of "Gesetz und Urteil" however never completed. This theory considers law as being concretized in a particular case (= Konkretisierung des Rechts, concretization of rules). Besides, "Gesetz und Urteil" stated the idea of a juridical determination (Rechtsbestimmtheit), in which Schmitt sees teh key to free the legal theory from the German traditional methodology, making an absolutely original proposal to determine accurate criteria for juridical pratice (= Richtigkeit des Rechtspraxis, correctness of judgement)
Jürgen Habermas and the Political Realism: A Critique
No full textThe essay discusses Habermas' defense of cosmopolitic rights. Using Carl Schmitt's categories and the principle of political realism, the author shows the limits of Habermas' idea of human rights as legal rights and not simply as moral rights. The impossibility for Habermas to find a solution to tha difficult relationship between moral and legal dimensions of human rights proves that the theory of human rights is a mere ideology
Potenza e legge nella teologia politica medioevale
No full textIn the early medieval philosophy, theologians used to chracterise the almighty power of God as divided into two different dimensions: "potentia absoluta" and "potentia ordinata". If the first refers to God's "absolute power" and gives reason to his capacity of making miracles and creating life, the second reflects the God's "ordinary" power, that is, the usual divine presence which occurs in everyday existence. Starting from this particular background and showing the deep influences of this subtle distinction, the author provides with a general re-reading of the Western metaphysics, unfolding the various connections that link together the concepts of "power", "law" and "exception"
Il problema dell'indipendenza e dell'imparzialità della magistratura
No full textThe essay focuses on the conceptual relationship between the principles of independence and impartiality of judges, with particular regard to the Italian constitutional experience. In Western judicial systems, independence and impartiality are strictly connected to other important requirements, such as the judge's professional quality, effectiveness and the speed of judicial proceedings, not less than to the accountability of the judge himself. By consequence, the author maintains that the judicial function must always accommodate many other different needs of the political system as a whole, preserving not only judge's impartiality, but also the "reputation" of judge's impartiality. Moreover, the legitimacy of our magistracy as a professional order requires necessarily a social consent, which cannot be sustained without the perception of the impartiality and responsibility of the judges. The one outcome of the uncontrolled growth of judge's independence regardless of the impartiality and responsibility of this class of officials is the privileged status of Italian magistracy, which amounts to a true anomaly in our Western judicial systems
La scuola a teatro : tragedia greca, novità filosofiche e tradizioni omeriche (tra Prometeo, Elettra e Filottete)
No full textHomeric paidea can be described as a sacred form of education, based on the transmission of traditional values through a faithful and lasting relationship between teacher and pupil. The sophists famously brought about a crucial shift in the Greek conception of paideia, resulting in a bewildering ethic relativism and in a secular idea of education: the relationship between teachers and pupils is now reduced to short collective conferences delivered upon payment, regardless of the identity of the pupil. Against this familiar background, the article pinpoints the role of tragedy in such a shift of values.
In the first part, the focus is on tragic characters strongly opposing Sophistic paideia. This form of education is seen as the province of false didakaloi who pretend to be 'teachers': by presenting itself as a 'paideutic' discourse and by promoting the Homeric idea of sacred paideia, tragedy brings on stage the relationship between teachers and pupils and aims to expose and debunk these 'false-didaskaloi'. To this effect, the article discusses some passages featuring examples of antithetical conceptions of paideia (in particular from Sophocles' 'Electra' and 'Philoctetes', and from 'Prometheus Bound').
In the second part, the focus is on good educational paradigms. In particular, the following pairs are examinated: Philoctetes and Neoptolemus, the Paidagodos and Electra, Prometheus and the Oceanids, Prometheus and Ocean. Good tragic paideia appropriates and enhances two aspects of Homeric paideia: the first is the notion of sympatheia (the Aeschylean principle of pathei mathos can be construed as sympatheiai mathos, mediated by the pathos of another character); the second is the figure of the 'Teacher of Truth' (according to the definition of M. Detienne), and of the 'e-ducator', who develops the real physis of the pupil and his inner aletheia
X-ray absorption at Ge L3-edge as a tool toinvestigate Ge/Si(001) interfaces and heterostructures
No full text
Exchange mechanisms at Ge/Si(100) interface from a multiple-scattering analysis of the Ge L3absorption edge
No full textWide band photodetectors based on Bi2Se3 Topological Insulator
No full textBi2Se3/n−Si heterojunctions have been successfully obtained by depositing BirSes films with thickness in the range 10 nm−100 nm on pre-patterned ndoped Si substrates by vapor solid deposition method. The samples present on/off ratio of the order of 105 and dark current in the range of 10nA. When illuminated with He-Ne radiation through the Bi 2 Se 3 layer, the unbiased detectors show very high linearity, responsivity as high as 60 mA/W and Detectivity in the range of 1011 Jones
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