1,721,202 research outputs found

    «Anche nell’interesse delle future generazioni». La promessa e il compito della recente riforma della Costituzione italiana

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    Abstract (Italian) Il saggio si concentra sul commento al testo dell’art. 9 della Costituzione della Repubblica Italiana, nella sua forma integrata a seguito della recente legge di riforma costituzionale (2022). Dopo aver delineato alcuni degli ostacoli di profilo giuridico, politico ed etico, il testo si concentra su quest’ultimo ambito. È così proposta un’ampia analisi di quello che si ritiene il principale ostacolo etico, inquadrabile come individual short-termism, elaborato qui nella variante dell’indifferenza intergenerazionale. A contrasto di tale ostacolo è prospettata una proposta di risemantizzazione etico-giuridica del concetto di solidarietà, con particolare riferimento all’istituto del solidarius, interpretato in chiave diacronica ed intergenerazionale. Questo intero ambito teorico viene infine nuovamente ricondotto al testo della Costituzione, rinvenendo in esso la stessa esigenza che ha guidato la sfida normativa e motivazionale prospettata dall’art. 9. Abstract (English) The essay focuses on the commentary on the text of the art. 9 of the Constitution of the Italian Republic, in its integrated form following the recent constitutional reform law (2022). After outlining some of the legal, political, and ethical obstacles, the text focuses on the latter domain. A broad analysis of what is believed to be the main ethical obstacle is thus proposed, which can be framed as an individual short-termism, elaborated here in the variant of intergenerational indifference. In contrast to this obstacle, a proposal for an ethical-juridical re-semanticization of the concept of solidarity is envisaged, with reference to the institution of solidarius, interpreted in a diachronic and intergenerational key. Finally, this entire theoretical sphere is once again traced back to the text of the Constitution, finding in it the same need that guided the normative and motivational challenge proposed by art. 9

    Amending Power and Vertical Reciprocity in the Climate Change Era: Reconsidering Sovereignty Across Generations

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    The paper revolves around the need of rethinking the amending power as one of the crucial issues within the contemporary political theory of democracy. The topic is addressed starting from a selective reading of Sovereignty Across Generations by Alessandro Ferrara. The book offers the opportunity to develop a series of considerations for a theory of sovereignty that, in my view, takes the theme of climate change as the focus and epochal destiny of our time. Two macro-questions and correlative sub-questions will be underlined. On the one hand, the paper proposes a series of possibilities for reviewing and integrating the theoretical vocabulary and profiles we would like to ground the idea of justice at the centre of every democratic exercise of sovereignty. On the other, the paper focuses on the elaboration and the functioning of the “vertical reciproc-ity” procedure, that is understood as the fundamental normative structure for a renewed idea of sovereignty that is capable of meeting what we should consider the most urgent challenge of our time

    Diritti infiniti e doveri limitati? Per una fondazione del dovere di giustizia tra le generazioni

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    The essay starts by focusing on some of the Charters of fundamental rights, by stressing their sovra-contextual and diachronical aspects. This last point constitutes the core of the subsequent parts, in which it is explored an attempt for grounding the duty of justice for future generations. By exploring the pragmatic efficacy of some objections to such a duty, the essay develops a constructivist strategy, devoted to address intragenerational and intergenerational duties as equal claims of justice. On the one hand, is it articulated the comprehensive claim for intergenerational altruism, as a result of an incremental normative commitment. On the other, it is explored the legitimacy of a unique normative bond that offers the possibility of a robust foundation of the duty of justice among generations, by linking the pragmatic effort to accomplish unavoidable intragenerational obligations with the normative claim in favour of unavoidable intergenerational ones

    Le perenni “forze motrici” della filosofia pratica kantiana. Discutendo un recente contributo di Otfried Höffe

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    The paper is focused on a re-reading of the Kantian practical philosophy, starting from the recent Italian edition of an important study by Otfried Höffe (§ 1). After having presented the main methodological lines of Höffe’s reading of the Kantian corpus (§ 2), the paper develops the issue related to the so called “four driving forces” (Antriebskräfte) of the Kant moral philosophy (§ 3). This methodological premise is oriented to present and discuss the systematic linkage between moral and law – one of the most characterizing line of the Kantian reading here proposed. Such a linkage is innovatively presented by Höffe through the concept of categorical imperative of law, which will be then the subject of a specific analysis (§ 4)

    Heritages of Radical Enlightenment. Kant’s contribution to the affirmation of social rights

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    The idea of “social right” is undoubtedly part of what has been called “the Radical Enlightenment”, of which Kant has been one of the main and more fruitful intellectual voices. The paper’s first focus is devoted to framing the particular status that social rights possess and have possessed in the light of their intellectual genealogy and their intrinsically problematic content. Next, the paper examines how Kant related to this broader picture, analysing the text dealing with the question of rights most directly, namely the first part of the Metaphysics of Morals. The paper explores thus the foundation of social rights as understood by Kant (hinted at in the Metaphysics of Morals), and turns to the work which is more conceptually connected to the former: the Groundwork of the Metaphysics of Morals. It is in this context, within the discourse related to the fundaments of the moral and juridical community, that promising traces can be found of a “latent foundation” for social rights, that is destined to have an influencing ethical and political future and shall be analysed critically and in-depth
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