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This paper analyzes the use in schools of private teaching platforms. They have had a boost with the COVID19 pandemic. The use of Google workplace for education has been considered an effective way both to adapt to the challenges of digitization and to face critical situations. The analysis carried out reveals a threat linked to the privacy of minors. Applying heuristic analysis, the results show the need to implement a principle of technological caution on the use of these platforms in education. It concludes with the need to deepen the analysis of the implications for kids and teenagers of the use of this software and the convenience of applying free and open tools. [ABSTRACT FROM AUTHOR]

In the last decade, it's become apparent how some social groups, heterogenous among them, have asked for and celebrated longer prison sentences for crimes against the values they defend. The aim of this paper is to reflect on the paradox that some movements involved in the struggle for the consolidation of fundamental rights denounce the cruelty and dysfunctions generated by the penal system in general and prison in particular, but justify them as adequate means to make visible, respond to and resolve social problems. These inconsistencies can feed and increase the slippery slope towards punitive and prison exceptionalism and consolidate as another type of punitive populism. [ABSTRACT FROM AUTHOR]

In our time, we witness a true proliferation of rights. There is no conflict or human problem that doesn't lead to a debate about the rights we have and whose protection we demand. Such a scenario gives rise to the emergence of multiple challenges for a theory of human rights. These challenges can be both theoretical and practical. This paper points out a peculiar theoretical challenge: the need to clarify and determine very well the scope of any political ideology that contains a theory of human rights. Currently, the theory of the Common has been chosen in order to compare it with the political consequences of two theories that, in some way, have historically preceded it: J.J. Rousseau's General Will and C. Marx's proposal of a generic being. [ABSTRACT FROM AUTHOR]

This paper deals with the question regarding the crisis of the effectiveness of human and fundamental rights. This is a challenge that requires commitment, vigilance, shared liability. Rights are an indispensable tool for expressing the value of dignity that is linked to vulnerability as a common human condition. Rights are a type of social practice aimed at their implementation and concretization. It is made up of principles, rules, institutions, procedures, attitudes, acts of interpretation. This practice plays an important role in countering and eliminating the situations that produce violations concerning the subjects in their multiple differences and specific existences. [ABSTRACT FROM AUTHOR]

Philosophical reflection on justice for animals finds expression in a multiplicity of theories. In this context are fundamental the theories focused on suffering and compassion (developed among others by Peter Singer and Carol Adams), Tom Regan's theory of animal rights, Will Kymlicka's political theory of animal rights. This paper identifies three open questions, transversal to the different positions that make up this rich and important debate. It deals with the notion of person, the theme of gratuitous moral evil, the presumed principle of reciprocity between rights and duties. The belief underlying the article is that an in-depth study of these theoretical issues could be fruitful in consolidating the idea that justice for animals is an unavoidable goal for every democracy. [ABSTRACT FROM AUTHOR]

This paper includes some reflections on the challenges for rights deriving from populism, technology and geopolitics. [ABSTRACT FROM AUTHOR]

The paper refers to the language of rights in the public debate, focusing the attention with the characters of imperativity, inviolability, absoluteness which are proper to the term 'right'. It focuses, on the one hand, on situations where every interest is claimed as a 'right', and, on the other hand, on situations where, on the contrary, fundamental human rights are not widely and unanimously recognized, which is typically the case of women's human rights. [ABSTRACT FROM AUTHOR]

This paper addresses the relationship between the life of the Spanish legal philosopher, Gregorio Peces-Barba Martinez, and the development of human rights and fundamental rights in the Spanish university environment in the nineties. It is analyzed its evolution in Argentina in the same period of time. Finally, this work highlights both, the integral (and three-dimensional) bases of the thought of the Spanish teacher, and the scope they have at present and in the future of all human rights. [ABSTRACT FROM AUTHOR]

This paper analyses the problematic relationship between death penalty and life imprisonment. The first part of the work examines the main steps that led to the replacement of capital punishment with life imprisonment. A topic that calls into question a comparative evaluation between the utilitarian conception of Cesare Beccaria and the thesis of Kant and Hegel in favor of capital punishment. From the basis of these assumptions, we proceeded to analyse the more recent institution of life imprisonment, by means of which the State takes the life of the condemned man, without taking it away from him physically, but socially. [ABSTRACT FROM AUTHOR]

In this paper I analyse Tommaso Greco's proposal regarding the relationship between Law and trust, focusing on some relevant points and showing its complex and multidimensional nature; and showing some consequences related to the concept of Law. [ABSTRACT FROM AUTHOR]

This paper aims to show the opposition between the Humanist cultural tradition and the main theses currently defended by Posthumanism. The structure of the paper is built upon the corresponding answers provided by both trends to the three main philosophical questions: How do we know reality? What are the world and life, and how are they explained? What is the best way to live one’s life? Gnoseology (or theory of knowledge), Ontology, and Deontology or Ethics have respectively tried to provide answers for such questions. Certain ambiguities of the Posthumanist dehumanizing project are also addressed. The paper concludes with an exposition of the arguments that justify the continuity of Humanist values, principles, and rights, updated according to the demands of our time. This paper aims to show the opposition between the Humanist cultural tradition and the main theses currently defended by Posthumanism. The structure of the paper is built upon the corresponding answers provided by both trends to the three main philosophical questions: How do we know reality? What are the world and life, and how are they explained? What is the best way to live one’s life? Gnoseology (or theory of knowledge), Ontology, and Deontology or Ethics have respectively tried to provide answers for such questions. Certain ambiguities of the Posthumanist dehumanizing project are also addressed. The paper concludes with an exposition of the arguments that justify the continuity of Humanist values, principles, and rights, updated according to the demands of our time. [ABSTRACT FROM AUTHOR]

Spanish legal discussion on the rights of transgender people and the possible collision with other legally protected interests has been fuelled by the recent approval, by the Council of Ministers, of the draft Law for the real and effective equality of transgender people and for the guarantee of the rights of LGTBI people. In this context, this paper sets out to find out what the legal reality of trans people is beyond our borders, specifically, within the Inter-American Human Rights System, with the main aim of finding tools and interpretative keys which, from the legislation and legal conflicts of the countries analysed, provide lessons for the Spanish legal debate. [ABSTRACT FROM AUTHOR]

The frequent crises of the criminal system led to an increase in the use of extra-judicial, informal methods of response to the crime. One of the main examples is restorative justice, whose programs refer to some key concepts such as: listening, dialogue, empathy, trust, recognition. However, these aspects are present first and foremost in what could be defined as a whole notion of law, that is not reduced to its authoritative and coercive dimension. Using the category of recognition, the paper reaffirms how the human relational nature constitutes the necessary premise for the existence of the law. In this regard, the current debate on restorative justice is an additional opportunity to critically re-discuss a somehow exclusive and reductive vision of the law. [ABSTRACT FROM AUTHOR]

This article deals with the peculiar defensive role of the Constitution assigned by Carl Schmitt to the ordinary courts of the Weimar Republic. To this end, we analyse a work published in 1929 by the German author which has received little attention from specialists: ‘Das Reichsgericht als Hüter der Verfassung (The Reichsgericht as guardian of the Constitution)’. The detailed and systematic interpretation of this contribution offers a novel perspective of Schmitt’s reflection on the various institutional mechanisms available to protect the basic arrangement of a society. This approach entails an emancipation from the most common prejudices in relation to the jurist’s critique of liberalism. In particular, this paper argues that Carl Schmitt never objected to a narrow judicial review exclusively functional to the interests of the Weimarian bourgeoisie. To conclude, we note the implications of what was has been said for the doctrine of institutional guarantees developed by the author in the final years of the German republic and, in general terms, for his institutionalist theory of law. [ABSTRACT FROM AUTHOR]

It is possible to argue that the ultimate aim of civic republicanism is to implement the ideal of freedom as non-domination. Threats to freedom thus understood do not only come from the public powers, but also from certain private spheres, including, to a large extent, the world of work, where employees are often subject to the arbitrary decisions of their employers. Thus, from this doctrine some proposals have been formulated aimed at eliminating –or, at least, mitigating– domination in this area, which will be reported in this paper. [ABSTRACT FROM AUTHOR]

This paper analyzes the regulation of the single sex education model in our legal system. The LOE and the LOMCE have regulated differently the single sex education. The LOE expressly prohibited discrimination based on sex in schools financed with public funds; whereas the LOMCE allows single sex education in the framework of the Convention against Discrimination in Education adopted by UNESCO in 1960. The legislative change has had a special impact on the jurisprudence of the Supreme Court, which has been modified accordingly to the legislative changes. Finally, this paper studies the recent doctrine of the Constitutional Court about the constitutionality of the single sex education model, as well as the possibility of financing this educational option with public resources. [ABSTRACT FROM AUTHOR]

The first complaint about sexual violence as a form of torture in the Algerian war concerns Djamila Boupacha. Her case was defended in the Algerian and French courts by the feminist lawyer Gisèle Halimi, and it had a massive public impact thanks to the support of Simone de Beauvoir and the mobilisation of a committee composed mainly of women, which sought to raise the political and legal profile of a matter which was destined to remain hidden. The paper assesses the anti-colonial and anti-patriarchal stance on which it is based, analyses the entire judicial process, and highlights the issues that herald the evolution of law towards gender justice. [ABSTRACT FROM AUTHOR]

The crisis caused by the coronavirus pandemic, and especially its social and economic consequences, in addition to those already suffered by the 2008 financial crisis, warn us of the need to revise some of the paradigms of the constitutional State. Specifically, this paper raises the need to overcome a subject-of-rights model based on the male reference and the public (male)/ private (female) division. Unlike the liberal model, the starting point should be the vulnerability of the human being and its inevitable indepedence, as well as the relational character of autonomy. These budgets would in turn lead us to overcome the liberal theory of rights and the concept of citizenship linked to it. [ABSTRACT FROM AUTHOR]

In this paper we offer some simple interpretative criteria or rules to contribute to the identification of fundamental rights in the Spanish Constitution, question that remains controversial in the constitutional doctrine. In accordance with these rules, we find fundamental rights not only in Chapter II of Title I of the Spanish Constitution, but also in Chapter III, in Chapter I, and even outside Title I of the Constitution. All the rights identified must apply to them the logical consequences of the character of the fundamental norm of the Constitution. Consequently, they bind all public authorities, including the legislator and the judiciary. [ABSTRACT FROM AUTHOR]

The paper focuses on the question whether the human rights could be ascribed to non human persons, and in particular, to corporations. This question is analyzed by (a) exploring the link between human rights and corporations through the freedom to conduct a business as a fundamental right, by (b) looking into the process of corporate “humanization” carried out in the courts, and by (c) explaining how ascribing human rights to non humans does not necessarily mean lessen the position of human beings. [ABSTRACT FROM AUTHOR]

This paper argues that the plurality and diversity of our societies makes it necessary to think about complex forms of legal-political treatment of inequality. In this sense, based on the commentary of a normative action linked to the full-face Islamic veil that, by not sharing the above, causes negative effects, this work proposes a conception of justice that integrates redistribution and recognition, while claiming the importance of dialogue and the incorporation of new perspectives such as intersectionality. [ABSTRACT FROM AUTHOR]

Holding onto a paradigmatic distinction between a radical and an absolute form of political contingency, this paper seeks to show its structural relevance and the unsettling consequences of its elision especially when searching for an adequate model for seizing the transgression of politico-legal orders in a democracy-based perspective. An account of such a model becomes especially important in the area of radical politics which has drawn attention to the crucial nature of pluralism and conflict as an essential feature for understanding democracy as based on openness and transformability. In line with this basic assumption, and by way of an analysis that deploys a thorough confrontation with Chantal Mouffe's influential political theory, I will argue that an apt form of radical democratic contingency, conflict and challenge cannot be found in her agonistic design of politics based on the appropriation of Carl Schmitt's absolutistic model of antagonism, but rather in a configuration of politico-legal transgression which looks much closer at alternative forms which can thoroughly express extremely enhanced articulations of conflict and transformative impulses without having to decay into exorbitant figurations. As I will show in the last section of the paper a good candidate for such a scope can be traced in Hans Lindahl's account of politicolegal transformation as a politics of a-legality. [ABSTRACT FROM AUTHOR]

Human dignity is a central value in all legal traditions. It also plays an essential role in the universal and regional protection of human rights. This paper recovers Kantian classic treatment of dignity and offers a contemporary reading that will help us to deal with current problems. The jurisprudence of the Inter-American Court of Human Rights uses the idea of human dignity to justify many of its decisions. The Latin American democracies, in spite of some fragilities inherited from their recent turbulent history, show strength and importance of dignity for guarantee of human rights. [ABSTRACT FROM AUTHOR]

One of the aims of this study is to analyze the relationship between Law and morality through Eugenio Bulygin and Robert Alexy who could be considered two of the most important legal theorists and legal philosophers. First, the paper considers characteristics of the fundamental features of the controversy between Law and morality. Then, the focus turns to Alexy's non-positivist thesis about the argument of the claim of correctness as a necessary element of the Law and his arguments in favor of a connection between Law and morality. Next, on the contrary, Bulygin, a positivist, emphasizes the separation between Law and morality. Criticisms formulated by Eugenio Bulygin affirm the conception of the Law as a purely descriptive and non-evaluative science, in addition to an ethical skepticism. Undoubtedly some of the characteristics of Alexy's and Bulygin's philosophies and some of their writings on legal philosophy have caused frequent questioning. [ABSTRACT FROM AUTHOR]

The paper deals with ethical-legal issues arising from advances in Robotics and Artificial Intelligence. It will investigate the challenges that those bioethical frontier issues pose to legal categories and institutions focusing on the proposal of attributing e-personality to robots with autonomous and self-learning abilities. It will highlight the relation between the legal institution of legal personality in civil law and the meaning and understanding of the concept of person as developed by modern constitutionalism. It will argue that attribution of legal personality to robots requires an in-depth conceptual analysis of the meaning of different intertwined legal concepts like person, autonomy, freedom, responsibility, and equality as well as of the values underpinning the European legal system based on fundamental rights. [ABSTRACT FROM AUTHOR]

My aim in this paper is to examine Uberto Scarpelli's thesis about Legal Positivism in light of the debate about Dworkin's distinction between rules and principles. As a first step, I reconstruct Scarpelli's thought in ¿Qué es el positivismo jurídico? and other writings, from a detailed analysis of the historical context in which it is being formed, immediately before and after the Second War. For this, I take into account, above all, the well-known Norberto Bobbio's theses on Legal Positivism, which constitute -together with the ideas of Herbert Hart- the central nucleus where Scarpelli's criticisms are directed, and which lead him to postulate his thesis of a Political Legal Positivism. A Political Legal Positivis that is presented, this is the idea I suggest, as an extreme Ideological Legal Positivism, that is, valid to account not only for the legal order of a democratic and constitutional State but for any legal order, with any content. [ABSTRACT FROM AUTHOR]

Considering the whole corpus of Mary Wollstonecraft's writings, this paper focuses on her view of rights, seen as moral claims and rhetoric tools. Firstly, it is argued that, in the author's perspective, their technical and judicial dimension is peripheral, where "rights" are human features within a religious conception of life. Secondly, some consequent aspects are analysed, such as the rights' effectiveness, their nature, their content and their entitlement. [ABSTRACT FROM AUTHOR]

On April 27, 2016, the EU enacted three significant legal texts which now provide the legal framework for the personal data protection of the EU citizens. This is about The General Data Protection Regulation (GDPR) that replaces the EU Directive 95/46; The Directive (EU) 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the Directive (EU) 2016/681 on Passenger Name Record (PNR). This paper will analyse the key aspects of these regulatory innovations aimed at protecting the personal data at the EU level. Similarly, it will be analysed the main guarantees for the EU citizens in order to the access and control of information that affect them addressed by the new Community legislation. [ABSTRACT FROM AUTHOR]

The political subject that carried out the constituent processes of Bolivia and Ecuador was not conformed by a classic labor party but by the aggregation of multiple movements or struggles of groups in situation of vulnerability. This nature of the constituent subject determined that the form of emergent social constitutionalism was not based, like the European one, on the subjectivation of labor and recognition of rights linked to work-salary, but on the visibility of social groups excluded until now and their inclusion to the citizenship. This paper explains how these two constitutional texts are rich in references and mechanisms for the recognition and guarantee of the specific rights of disadvantaged or minority groups and anti-discrimination law and where these rights do not take the form of complementary rights, as happens in European constitutionalism, but rather the form of what we will call constituent rights. [ABSTRACT FROM AUTHOR]

Today society perceives transparency as a fundamental value in the rule of law. The right to transparency is outlined as well as an essential right within the relations of citizens with public powers. For that reason have surged different laws of autonomous and state character whose mission is to regulate the transparency and good government. The Autonomous Community of Galicia is a pioneer both in its concern for the subject and in its legal regulation. The Transparency Commission of Galicia is proof of this. This paper offers a study of the right of transparency by analyzing it in its conceptual aspect and in its legal manifestation, with special emphasis on Galician regulation. At the end, some real proposals for legislative improvement are offered. [ABSTRACT FROM AUTHOR]

The Convention of the Rights of Persons with Disabilities (2006) uses three concepts that are key elements to guarantee equality in the exercise of rights for everybody: accessibility, supports and reasonable accommodations. There is academic literature about the meaning and relations of these concepts; however, at least from a theoretical point of view, there is not an agreement about their meaning and practical consequences. This is particularly relevant in the labor field and, in concrete, when we analyze the right to work of persons with disabilities. The article 27 of the Convention recognizes the right to work and talk about these three concepts although its content is vague. In this paper I will study the three concepts in the framework of labor market and I will defend that in this field it is necessary to adapt their meaning. I will distinguish between accessibility in one side, and support and reasonable accommodation in the other. Accessibility refers to access to labor market, while the other two only appear when a labor contract does exist. In this sense, the quota of 2% for handicapped people in companies is a policy which goal is the accessibility to labor market, while reasonable accommodations or supports can only be developed when accessibility has been guaranteed, when a person has a job; in this case the objective is to eliminate discrimination in jobs. That is the reason why in the context of labor relations it is important to distinguish these concepts and the policies they can imply. When we talk about rights, the concept of accessibility is related to the right to work, while the other two are related to labor rights. [ABSTRACT FROM AUTHOR]

The paper deals with the development of the (fundamental) right to found a family in Italy, taking in consideration the very important role of the supranational rules and Courts decisions. [ABSTRACT FROM AUTHOR]

In this paper, I will present the conceptual differences between civil disobedience and conscientious objection, which have been depicted by liberal authors such as J. Rawls, J. Raz and in Spain by M. Gascón Abellán. I will argue that conscientious objection, as a practice that is distinct from civil disobedience and rests on a right to "moral privacy", finds his justification on a subjectivist ethics or on a voluntarist account of natural law. I will try to show that in both cases, it is not clear how a) to justify legal norms that tries to balance the objectors' claims and the opposite claims of rights' holders b) to determine the seriousness of the ethical commitment of conscientious objectors, in order to avoid the risk of encouraging self-interested forms of objections. Finally, I will apply the arguments to the case of conscientious objection to the subject Educación para la Ciudadanía. [ABSTRACT FROM AUTHOR]

In order to materialize the abstract notion of human dignity, new and emerging concepts (in fact not so original) must be incorporated into the discourse to rethink the liberal values of dignity. It is about balancing the individual and social dimension. Specifically, in this paper, it is suggested that in order to redirect an internal and social dialogue on one of theses values, freedom, it is necessary to understand that individuals do not forge an idea of good and good life (whatever is a dignified life or human dignity) in a self-sufficient manner. Thus, it must be understood that there is no freedom without relational autonomy. In this line, the notion joins the proposals of the autonomy as capability, autonomy based on reciprocal recognition, and the more substantial feminist theories on autonomy in a relational sense are very well valued. [ABSTRACT FROM AUTHOR]

This paper aims to provide an approach to American Legal Realism under the lens of its empirical claim for jurisprudence. In the framework of the "revolt against formalism" that characterizes the theoretical attitude of social science of that period in American culture, the influence of psychological sciences plays a central role. Nevertheless, since Lon Fuller's earl interpretation, psychological behaviourism seems to be for realists more a linguistic tool than a theory, in the perspective of the relationship between legal and social order. Recently, Brian Leiter has turned to focus on this topic, arguing that the 'Core Claim' of the Realism relies in a naturalized jurisprudence. These interpretations help to consider the contribute that American Legal Realism has offered to legal theory. [ABSTRACT FROM AUTHOR]

This paper focuses on the crime of torture, starting from an adequate definition of torture with particular regard to its socio-psychological profile. Torture is a system for destruction of a person through the annihilation of its personal identity. It is characterized not only by the quantity of suffering it provokes, but for the diabolical quality of evil it generates. The author offers an image of torture that can be compared with an inner hell in miniature. For this reason, in democracy, the social and juridical recognition of this very nature of torture is a necessary response to victims of such a crime against humanity. [ABSTRACT FROM AUTHOR]

This paper analyzes the case-law of the European Court of Human Rights related to the legal recognition of the changes of gender identity. These cases are solved by a broad interpretation of the article 8 European Convention of Human Rights, in which intimacy and privacy are protected. Particularly, it discusses how the interpretation of intimacy does not change the assumptions by which these demands are locked within the private sphere, the unequal relations this produces. Therefore, other reasoning is proposed to ensure a more comprehensive equality, which respects transitions of gender identity from notions like agency, autonomy and sexual self-determination, already proposed by the European Court. [ABSTRACT FROM AUTHOR]

Most contemporary democracies allow the disenfranchisement of people with intellectual and psychosocial disabilities. This paper aims to analyze the challenge that the International Convention on the Rights of Persons with Disabilities raises to this historical exclusion and what reforms need to be made in Spanish electoral legislation in order to comply its demands. [ABSTRACT FROM AUTHOR]

Emotions are and could be relevant factors in the management of diversity. They are socially constructed phenomena within cultural and socially defined contexts so they do not arise or could be innocuously expressed. Consequently, one of the main challenges for the recognition of diversity should be to know what is the emotional scope of fear, repugnance, empathy and trust towards certain migrant groups. This paper proposes and explores the emotional background of multicultural, intercultural and assimilasionist models, concept mapping a critical review of the theoretical postulates of authors as Nussbaum and Luhmann. [ABSTRACT FROM AUTHOR]

This paper is intended to assess how the rights of indigenous peoples (particularly those deemed to be structural to their worldview) are affected, limited, cut back or transformed as a consequence of indigenous migratory processes. It also seeks to provide an overview of how indigenous culture and identity are globally modulated as a result of the above. Indigenous rights, solidly rooted in their territory, become mobile rights due to migration. The hypothesis here is that the violence systematically exerted on indigenous peoples in their ancestral territories (the epicenter of their worldview and identity) compels them to migrate, to become mobile and to move away from those territories. In parallel, it will be suggested that an indigenous migration policy is necessary to address such double indigenous and migrant status. [ABSTRACT FROM AUTHOR]

The inspection visits by judges, prosecutors, ombudsmen, parliamentarians, and the international rapporteurs to Immigrant Detention Centers are especially relevant in light of the negative reports by NGOs and international institutions. Depending on the authority concerned and the circumstances in which the visits are conducted, the State Administration, can estimate, modify or even deny the visits. This paper attempts to examine the role of each of these actors with control capacities and its scope, in order to justify the full and immediate access to public authorities to the detention centres as an essential tool to protect the rights and guarantees of detainees. [ABSTRACT FROM AUTHOR]

The paper examines some judgments of the Italian Constitutional Court and the doctrine that has been developed around them in order to better highlight the question of interpretation during the transition from mono-class State to that multi-classes. So we will highlight profound changes in conceptions of the sources of law, legal certainty, the division of power and, ultimately, fundamental rights. [ABSTRACT FROM AUTHOR]

This paper focuses on the measures taken by the III Reich against jazz. First, an analysis is conducted of the legality of these measures, identifying numerous failures in this context which have to do with the language in which the regulations are couched, and with their application, publication, generality and stability. This is followed by an examination of justice, in order to study the effect these measures exerted on the values of legal certainty, equality and freedom. In connection with this last value, an analysis is also offered from the perspective of music. [ABSTRACT FROM AUTHOR]

The paper, after theoretical preliminary observations, as regards partenalism and self-harm will, starting from the relationship existing between social constitutionalism and the modern penal systems of the rule of law, opens a perspective towards a well defined concept of liberal-solidarity based 'fraternalism', being compatible with a quite moderate anti-paternalistic approach. The research, then, is focused on self-determination, within a neuroscientific context, describing the possible options of regulation, in case typical cognitive mistakes are made and then showing a possible solution in exculpatory procedures, an instrument considered to be useful for balancing the solidarity based approach with the quite moderate antipaternalistic approach. The model here described, can be defined as a proceduralization aiming at avoiding any possible typical cognitive mistakes, and applied to the examplifying hypothesis of drug legalization, this is also an opportunity to suggest the use of the harm principle as an useful instrument for delimiting the concept of "harm to others", as well as for defining the possible role of the penal sanction in the procedure aiming at contrasting cognitive vulnerabilities. Conclusions are consciously focused on the freedom of 'making mistakes' to one's own harm, with a solution falling within the so called 'fraternal' law, which opposes the concept of 'paternal' law. The 'fraternal' point of view of penal law is able to legitimate those rules aiming at 'containing', within certain limits, choices that at first seem to be of a self-harm kind, when they can be the product of cognitive limitations. The State, then, is not legitimated to behave like a 'father', but rather like a kind of older 'brother' having the task of suggesting, orienting, without imposing, a totalitarian view of the others' good. [ABSTRACT FROM AUTHOR]

Migration brings about an open type of society which allows for mutual enrichment, but, in turn, is not without tensions that arise as a result of the confrontation between the customs and traditions of a people and the rules of coexistence of another. This collision is especially evident in the subject of female genital mutilation, a practice that reflects the observance of cultural norm in some cases, and religious in other cases, which are a sign of identity or of gender. This paper studies this issue in our country, its legal frame of reference as well as proposals for its eradication, considering the Spanish case law starting from the contested principle of universal justice. [ABSTRACT FROM AUTHOR]

The objective of this paper is to analyze the reflections made by John Rawls on two issues which, despite having been addressed briefly by this influential philosopher, are very suggestive. I mean, first, the two conceptions of peace mentioned by Rawls, called "just peace" and "democratic peace" and, second, the critical position that he maintained against what he called "general pacifism". [ABSTRACT FROM AUTHOR]

The consideration that legislative changes adversely affect the purpose and scope of social rights, also leading to various setbacks, raises important questions about the underlying enabling conditions. This paper argues that those regressions or the reversibility of social rights are normative decisions fundamentally limited in two ways. The first is the possibility to determine an essential content of social rights. The second lies with placing the weight of the justification of the decision in relation to the legitimacy of the norm. Both arguments lead to the consideration that the principle of proportionality can be seen as a complementary and alternative reasoning, but not as an alternative to the determination of the essential content in relation to the principle of non-regression. [ABSTRACT FROM AUTHOR]

This papers consists of a study of the tragedy 'Antigone', the famous work of Sophocles, with particular regard to the moral conflicts about the law of the polis, the law of the family, politics and power. The Greek tragedy continues to be an important reference of philosophical reflection for contemporary thought, in particular in relation to moral, legal and political philosophy. The focus is on the unwritten laws (nomoi agrafoi) and their interpretations. [ABSTRACT FROM AUTHOR]

Women battered by their (ex) partner experience different emotions, at the same time, these emotions are reinforced or modified when women contact with the criminal justice system. The aim of this paper is: to analyze the links between the criminal system and three particular emotions, guilt, shame and fear; also, to investigate how this situation affects the women right of access to justice. To achieve this objective is analyzed a set of interviews with battered women by their (ex) partner. [ABSTRACT FROM AUTHOR]

The paper is divided into five sections: 1) Philosophical and legal analysis of the memory after Auschwitz to understand the present returning to the past, so prudently look to the future in the rule of law. 2) Study of the consensus and language after the Second World War, understood the first as an overrated concept, but also as a necessary element to determine the law. 3) The starting point is the consensus after the postwar period set in the context of hate speech. It intends to justify the denial of Holocaust as a way to reconcile with our past. 4) Rethinking memory to understand the law across the past, and accomplish a reasonable present and authentic future. 5) Finally, the last part indicates some conclusions. [ABSTRACT FROM AUTHOR]