1,721,550 research outputs found
Veritas, Auctorictas Lex nella disciplina europea della concorrenza
No full textHow much has changed the law of the markets in the great transformation
that has altered the anthropological meaning of exchange? Just
a little, if we accept the archetypical image of the market as a “locus
naturalis” governed by the principles of free access and free negotiation,
a space in which the law is limited to guaranteeing the regularity
of exchanges. In more recent times, an opposite image has been elaborated:
namely of the market as “locus artificialis”. Space no longer
governed by customary (spontaneous) law, but by a law to guarantee its
functioning. Naturalness and artificiality are always present, to varying
degrees, in the law of markets. Paradigmatic, from this point of view,
is the approach of the Union’s legal system to the demands of the new
lex mercatoria to enforce the rules produced directly by international
trade operators. For the European institutions, the system that guarantees
effective competition is no longer the one that protects the (static)
freedom of trade of all its citizens, but that which pursues the (dynamic)
objective of promoting allocative and productive efficiency of markets
and companies for the purpose of maximizing consumer Welfare
Il "cantaro"
No full textViene analizzata la vasca marmorea con protomi leonine oggi nel chiostro medievale del monastero dei SS. Quattro Coronati a Roma. Ne viene proposta una datazione al XII secolo e una funzione originaria come "cantaro" nell'atrio della chiesa medievale
Quo vadis Europa? Stabilità e crescita nell'ordinamento europeo
Full text linkFinancial stability and growth have become, since the “sovereign debt crisis”, the cornerstone of every speech on the present and future of Europe. But what are the causes of the irresistible rise of these two values in the economic constitution of the Union and of the Member States? And what are, above all, the political, legal, social, institutional implications of the ascent of stability and growth to “Grundnorm” of the European legal system? The various essays in this issue of the journal provide, each from a specific point of view, answers to these crucial questions about the recent past and the destiny of the Old Continent
Cinquant'anni dopo l’autunno caldo (con un Post Scriptum su pandemia e stato di normalità)
Full text linkBy erasing the hot autumn from our history, an intelligibility scheme of reality is removed, a scheme which has at its core an idea of man (of the worker) as a citizen, as a homo civilis. An anthropology that already in the sixties of the last century was the target of another representation, the neoliberal one of the human capital. An intelligibility scheme of reality which has at its core the homo oeconomicus, a man whose conducts are determined exclusively by the cost/benefit code. With the coronavirus pandemic the neoliberal anthropology ended up in quarantine, in the wait for a vaccine that immunize us from the invisible enemy. The promise will likely be fulfilled. But in the meantime, the doubt has crept into the magnificent and progressive fate of neoliberal capitalism. It is a widespread feeling that the infrastructures of globalization have contributed to the pandemic spread of the virus, to expose (also) the opulent West world to a catastrophic pandemic. The theme of the salvation of the society returns to the main agenda. Many persons return to applaud the virtues of the homo civilis. In solidarity with the doctors and nurses at work for our lives and with the workers on strike to defend the safety of their working conditions. Is the hot autumn about to take an unexpected revenge? Or, at the end of the emergency, will prevail a social-Darwinist model of regulation of working and social life
Libertà dei moderni, liberalismo e comunismo in Domenico Losurdo
No full textThis essay adheres to Domenico Losurdo’s idea that the communist movement should rethink critically the value of certain acquisitions of liberalism. As liber-alism cannot be reduced to the apologetics of the cause of individual freedom, so communism cannot be reduced to the apologetics of the cause of social justice and equality. The downgrading of negative freedoms as libertas minor is in contrast with a practice that has always seen the Communists committed to their defence, to the point of sacrificing their lives. Communists have fought on the one hand, to denounce the dehumanization process consumed in liberal societies and, on the other, to universalize the promises of liberalism, by overcoming the exclusion clauses against the colonized people, the poor people and the women
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