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This article intends to take seriously some difficulties inherent in the legal regulation of violent, offensive or harmful speech acts on the Internet. In particular, assuming that cyberspace can be thought of as a primitive order whose sanctions have a predominantly reputational nature, it will focus on the reflections on legal primitivism developed by Hans Kelsen starting from the study Society and Nature: A Sociological Inquiry (1943). As part of the discussion, it will clearly emerge how, historically, in the context of primitive systems, forms of strict liability have often been resorted to. In analogy with those historical experiences and in the absence of more mature forms of regulation, today the possibility of attributing offensive users’ speech acts to large active service providers seems equally confirmed.

The paper traces the history of the journal Il Ponte, founded by Piero Calamandrei in April 1945, in order to capture the ideal roots of this audacious publishing initiative. The Author focuses on the liberal-socialist vocation of the journal and on the ideals of European federalism that led Calamandrei to oppose the Atlantic Pact. Lastly, he delves into the commitment of the Florentine jurist in support of the Constitution, democracy and the Welfare State.

Te paper reconstructs the profound intellectual connection between Piero Calamandrei and the brothers Carlo and Nello Rosselli, which began in the 1920s with the foundation of the Circolo di Cultura in Florence, and prosecuted through the collaboration with the underground newspaper Non Mollare, until the establishment of the Partito d’Azione that inherited the legacy of the Giustizia e Libertà movement founded by Carlo Rosselli in 1929. Particular attention is paid to the commemorative plaques dedicated by Calamandrei to the Rosselli brothers and to the ideas of liberal socialism, actively cultivated by the Florentine jurist in the Constituent Assembly.

Piero Calamandrei has contributed in many different ways to the Italian scholarship, debate and reform in the area of law and religion and Church and State. This text is focused on the two key questions of 1) State sovereignty, especially vis-à-vis the sovereignty of the Catholic Church, and 2) freedoms and rights in the face of diversity of religious membership. Calamandrei’s approach will be first described and then analysed in the light of developments in Italian law and policy in the last 70 years.

The paper focuses on the lectures given by Piero Calamandrei in 1952 at the University of Mexico, which were collected in the famous volume Processo e democrazia published by Cedam in 1954. The volume, translated in China in 2005, has aroused lively interest among Chinese scholars. The Author expresses his appreciation for the scholarly tradition stemming from Calamandrei and, in particular, he emphasises the profile of judiciary’s autonomy and independence, which distinguishes liberal and democratic systems from authoritarian ones. Lastly, the Author dwells on the relationship between judges and lawyers, which should take place in a climate of active and mutual trust.

Te paper reconstructs the genesis of the ‘Centro di iniziativa giuridica Piero Calamandrei’ Foundation, from the initiative of the Radical Party to its progressive autonomy. After outlining the characteristic features of its statutory purposes, the Author highlights the main actions of the Foundation, among which the very recent publication in open access of the ten hard-to-find volumes of Calamandrei’s Opere giuridiche, edited by Mauro Cappelletti, stands out.

The paper focuses on the multi-faceted personality and work of Piero Calamandrei – an outstanding protagonist in the sphere of law, academia, institutions and culture – highlighting how many provisions of the Constitution are indebted to his proposals. In particular, Calamandrei contributed to the drafting of norms on civil rights, the constitutionalisation of social rights, and the protection of the autonomy and independence of the judiciary, an aspect to which the Author pays specific attention along with the principle of the separation of powers, which constitutes the ‘beating heart’ of the relations between politics and the judiciary.

The aim of this paper is to reconstruct the main features and historical-political reasons behind the presidentialism proposal advanced by Piero Calamandrei in the Constituent Assembly. The Author illustrates this proposal not only within the context of the Florentine jurist’s thought, but also within the broader field of institutional reforms and the Italian political system, highlighting the factors that undermine the stability of the executive.

The paper concerns the contribution given by Calamandrei with the Mexican conferences to the transformative constitutionalism that spread in Latin America. In particular, it dwells on the role of the judge as an engine of social transformation. After a brief introduction on the role of the judge in pre-1944 works, the Author emphasizes the liberal-socialist culture as the matrix of the social justice promised in the Republican Constitution. Secondly, the Author focuses on the inaugural conference of the 1950 International Congress, in which Calamandrei invites us to read the trial in the light of the constitutional principles of the welfare state. The Mexican conferences, in which the judge becomes an engine of social transformation, are then analysed. The paper concludes with an analysis of the legacy of the Mexican conferences in Latin America: the ‘transformative constitutionalism’.

The works of Piero Calamandrei, professor of procedural law, had a wide circulation and extraordinary influence in Latin America, and, generally, in the Spanish speaking world, thanks to the translations and editions by Santiago Sentís Melendo. However, this cannot be claimed for the ‘other’ Calamandrei, the constituent and professor of constitutional law, who has only recently and partially gained access to that cultural sphere.

The paper focuses on the Risorgimento roots of Piero Calamandrei’s thought, on his firm and open opposition to Fascism from the very beginning, and on his relationship with the Resistance. Through the pages of his Diary, the atmosphere of heavy oppression endured by many anti-fascist intellectuals is reconstructed. For Calamandrei, the liberation struggle became a historical moment of reconciliation not only with the ‘homeland’ vilified by Fascism, but also with the generation of which his son Franco was part, who had made a fundamental contribution to the Resistance.

Finally, in 2024, a unique tool for consulting the Calamandrei archives sees the light of day, thanks to the digitization of the fonds held at institutions and foundations located in Florence, Rome, Trento and Montepulciano. For the time being, the correspondences, but the project Kaleodoscope of papers, launched in 2009, continues on the entire documentary heritage, allowing valuable cross-fertilization to scholars and full accessibility to the public.

Drawing on an evocative letter her grandfather wrote her in the mid-1950s, the Author dwells on the dangers of a looming new Cold War, which makes Calamandrei’s concerns in the aftermath of the Hiroshima bombing, as well as his vote against the Atlantic Pact in the Italian Chamber of Deputies in 1949, highly topical. Despite his isolation, he strenuously defended a position of neutrality and weaved a dialogue, a network of communication among peoples, fostering their interdependence. His journeys to Mexico and particularly to China – a source of several publications on the 50th anniversary of diplomatic relations between Italy and the People’s Republic of China – fairly witness it.

This essay examines Piero Calamandrei’s changing thought on criminal law, understood as a problem, for having to reconcile the principle nullum crimen sine lege, nulla poena sine lege – condition of «certainty of law and therefore of legality» – and the need for justice, «even beyond matters of law». It considers the two editions of Dei delitti e delle pene by Cesare Beccaria (1945, 1949); the reflection on the «laws against fascism» (August 1944) and on the Nuremberg trial (1946); the different judgment on penal and penal-procedural codification (1930) in 1945 and in 1955. It shows that, in the light of the Constitution, Calamandrei maintained the unconstitutionality of public safety laws (1931) and life imprisonment; spoke out against the death penalty in the world; ‘militated’ for a «new» penal legality, with the tight criticism of the criminal justice of democratic Italy, still imbued with the «authoritarian spirit» of the fascist regime.

The paper analyses the multi-faceted personality and work of Piero Calamandrei, highlighting how the Florentine jurist was an outstanding protagonist in the sphere of law, academia, institutions and Italian culture in the 20th century, also thanks to his important contribution to the Constituent Assembly. In particular, the Author emphasises Calamandrei’s commitment to democracy, the defence of rights, the Welfare State and, in general, the implementation of the Constitution, which had to be ‘far-sighted’, meaning capable of looking to future generations.

The paper analyses the genesis of social rights in the Italian legal system and examines the complex debate on the social question, which was animated by different awareness. The debate was inspired by Santi Romano’s crucial reflections in the early 1900s and continued throughout the century thanks to the contribution of important jurists, including Piero Calamandrei. The Florentine jurist is credited with having clearly outlined the different legal structure and political function of social rights compared to the traditional rights of freedom. A special attention is therefore paid to Calamandrei’s interventions during the Constituent Assembly debates, which resulted in the full recognition of social rights in the 1948 Republican Constitution.

The paper focuses on the emergence of the European Federalist Movement between the two World Wars up to the establishment of the Association of European Federalists in 1944. The Author pays particular attention to Piero Calamandrei’s significant contribution to European federalism. The Florentine jurist envisioned federalism as closely linked to regionalism and peace, in an international context marked by a world divided into two opposing blocs by the Cold War.

Tis article takes into account the intellectual collaboration of Piero Calamandrei and Norberto Bobbio during the period from the Second World War to 1956. Calamandrei’s and Bobbio’s approaches to culture, law and politics are comparatively investigated, highlighting their reflections on the status of intellectuals, the relationships between culture and power, the sources of individual rights, the functioning of the legal system, the constitutional processes, and the relationships between liberalism, democracy and socialism. Lastly, it is suggested that the connection between Calamandrei’s and Bobbio’s thoughts derives from their common interest in the philosophy of the Enlightenment and from a shared ideal of justice.

Drawing on an excerpt from the lecture Parlare di Firenze (Speaking of Florence), held by Calamandrei in May 1955 in various cities in Switzerland, the Author captures the Florentine jurist’s awareness of and interest in the landscape. Calamandrei considered it as the physical, historical and civil form of Italy, and he certainly played a key role in shaping the text of Article 9 of the Italian Constitution.

Piero Calamandrei has been one of the most prominent figures of the 19th century in the study and in the practice of law. His legal thought can be fully appreciated only keeping into consideration the two fundamental aspects of his career: the academic investigation and his activity as a lawyer, the theoretical speculation on the legal doctrine and his legal practice meant in its most noble intent of search for justice. Since his earliest university works, it emerges Calamandrei’s constant desire to go beyond the formalism of the legal process, the inclination to see in the rules of the trial not only the technicalities necessary to the correct development of the procedure but a way through which respect for legality and legal certainty are granted. Lastly, with the end of World War II and of the Fascist dictatorship, Piero Calamandrei will recognize in the trial the most appropriate instrument to realize a new legality in substantive terms which is necessary to grant the effective implementation of the Constitutional rights and freedoms

Can ‘Dasein’, of Heideggerian memory, be the basis of a new ‘vision of penalty’? The recovery of the necessary knowability of the essence of the human being, in the assessment that can be made in a criminal trial, would open up, or at least remind us of, what should be the way forward in order to identify a method that would make both the offender and the magistrate fully involved in the trial, in the time it takes to pass sentence. In this context, it would be more than plausible to assume that issues such as awareness, understanding and involvement of the offender are not just formally valid words, but take on a deeper meaning, even on a substantive level. And perhaps it is precisely trial time, in these terms, that could represent the juncture in which both the offender and the magistrate discover each other in their authenticity.

This contribution aims to understand whether it is possible to speak of a care relationship between a patient in ‘irreversible apneic coma’ and his relative, in order to demonstrate the illusory nature of the relationship, lacking the same prerequisites that characterize the care ethic: absence of reciprocity and the relative emotional and human enrichment of ‘giving’ for both. The conclusion will be reached that the emotional assistance of the relative towards the patient in brain death is dictated only by the personal selfishness of the former, convinced that the physical closeness to the loved one provides him with an emotional-psychological return to his personal advantage.

The research article investigates, in an evolutionary key, the theme of the protection of minors in the care relationship and in the adoption of the therapeutic choices that concern them. We proceed to a re-reading of the discipline on informed consent using the lens of the discernment ability of the minor person and, therefore, of the so-called best interest of the child, seeking a reasonable balance between the various interests involved.

Normative provisions and case-law on the issue of disability are paradigmatic of a renewed approach to this topic, that appears more consistent with the founding values of our constitutional framework, in which the protection of the disabled cannot be reduced, from a ‘negative’ perspective, to a simple protection from discrimination, since it should aim, from a ‘positive’ standpoint, at ensuring that disabled are not precluded from the full inclusion in their social context and the realization of their personality.

The study analyses the Italian regulation of the right to strike in essential services. It reviews the restrictive interpretations, weakening conflict and trade unions. In contrast to this model, the study proposes a concept of the right to strike enhancing conflict and collective autonomy. The strike is a collective instrument of resistance to demand fair working conditions the guarantee of fundamental constitutional rights and to promote substantive equality. It is a tool for the defence of public services

The main purpose of the present contribution is to analyse the constitutional paradigm from the book Norme, giudici e Stato costituzionale which, thru the study of the historic evolution of the concepts of Rule of Law and Constitution, outlines the opportunities of the international expansion of the constitutional paradigm.

How did we come to lose fragility as a constitutive value in the formation of the human being, reducing it to little less than a character defect to be treated? Perhaps we find a key to understanding it in the shortcomings and errors of which education is guilty today. Fragility is one of the supporting structures of life, one of its ontological roots, it is its history, and its value must absolutely be recognized if it is to be protected by the community. But the error of the educational crisis can also serve. It is of history and in history. It shows the fragility of historical facts. In remembering past things, in living the present, in imagining the future we always experience the dark awareness of our fragility. But this awareness of fragility is the revelation of human nature, or of that something which in its fragility reveals a particular beauty. Tis does not give fragility the sense of weakness but it is the peculiarity of the human condition to ask questions that are not answered.

This paper intends to delve into Roscoe Pound’s thought, enhancing his teleological conception of law as a key to understanding Pound’s historicism, pragmatism and functionalism. The Author will also deal with the Poundian contribution within a ‘situated’ perspective aimed at stressing some ‘genetic’ traits of American legal realism in relation to the specific history of the evolution of the common law in the US context. The text has the objective to discuss the theoretical-legal matrix of Pound’s theoretical reflection and its afference to legal science, highlighting his attitude to address the macro-theme of the constitutive principles of the law itself.

In analysing the forms of reciprocity expressed by Thucydides in Greece, it is possible to use, in part, the same classifications proposed by Herodotus, as if some modules, at least apparently, there were borrowed. The reference to relations of hospitality is sporadic and no longer functional to the definition of diplomatic relations; the gift is no longer described as an instrument of privileged dialogue in communication between peoples and cities. Once the great personalities of rulers and tyrants that populate Herodian history have disappeared, personal exchanges of gifts no longer constitute a narrative object of relevant interest. Nevertheless, even if in a less evident way, the symbolic logic of the gift that structures the exchange relations of the most varied nature, continues to be present and functioning, to establish relational circuits in which a mechanism of correspondence is foreseen between the gestures of ‘giving’, ‘receiving’ and ‘reciprocating’. ‘Euergesia’ and ‘Charis’ are terms of a recurring lexicon, taken as their own also by Rome following the fall of Carthage, when it will be seen as mistress of the Mediterranean.

Migration resulting from environmental degradation and climate change is also conditioned by intervention policies and funding. The European Union, together with the major European powers, must take preventive action to ensure that the environmentally displaced persons receive adequate protection when they arrive in Europe. Member states will probably continue to refuse to act unilaterally because they do not want to expose themselves to the financial, administrative and cultural costs of hosting a larger number of refugees than their neighbours. The overall objective of the paper is therefore to frame in a normative perspective the topic of migration influenced by the negative effects of climate change.

As we enter the digital age, we realise that we are surrounded by machines that observe us, know our tastes, build our public image, judge who’s right and who’s wrong. This raises questions, especially as artificial intelligences process the tracks we leave in the infospace, identify our profile and seem to predict our future. More like a nightmare than a dystopia. The essay tries to reverse the perspective by considering some examples drawn from legal experience and asking whether the digital revolution is not rather hinting at a new era of responsibility

The essay analyses and explores the concept of personal identity in the light not only of the already tested digital dimension but also of a further evolution of the Internet represented by the so-called metaverse to be understood as a convergence zone of interactive virtual spaces, located in cyberspace and accessible by users through an avatar with the function of representing individual identity, where the issue of digital identity and its protection assumes particular importance. In fact, overcoming the concepts of virtual reality and augmented reality, and as an evolution of ubiquitous computing, the construction of a being in the presence through social technology takes advantage of the interoperability between worlds and platforms, in a research environment that creates and interconnects information, subjects, avatars and objects.

The essay, after defining the concept of Artificial Intelligence (AI) and outlining its boundaries within the field of economics and business, highlights the advantages and disadvantages resulting from the introduction of AI into business processes. Attention is then drawn to the issues related to the coexistence of humans and AI within entrepreneurial organizations, and finally, some proposals are formulated to address these issues with the perspective of a new humanism that, starting from businesses, can involve human society as a whole.

This contribution looks at the recent approval of NIS II directive as a relevant reform for cybersecurity in Europe, which will be confronted with the intersections between innovation, new training needs and the challenges of the so-called living Law. The directive, based on three key elements (i.e., coordination, awareness, and collaboration between public and private partners), distinguishes essential subjects and important subjects among relevant infrastructures for critical and strategic sectors and infrastructures of the European Union. Furthermore, it allows to imagine new scenarios both in teaching and research, meeting a new set of strategies and obligations that seem to be necessary to face the digital era in Europe and beyond its borders

The rapid evolution of technologies in the field of justice has led to the creation of artificial prediction tools that can be used to predict the outcome of disputes and support judges in their decisions. However, the use of these predictive justice tools has been debated due to concerns regarding the validity and reliability of prediction models and their impact on the principle of fairness in the justice system. In this article the impact of predictive justice systems on the decisionmaking of judge will be examined.

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Copyright of Politische Vierteljahresschrift is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to highlight how the culture of peace represents the ‘road’ to a more ‘humane’ and united future. Although the war in Ukraine, like previous conflicts, seems to be driven by the need to find the solution in more violence, peace can be seen as the only way out. And indeed, today the realisation of peace seems to be the antidote to injustice and inequality. From this point of view, every human being is called to participate in its concretisation. In this sense, experiences such as voluntary work, civil service, social and political commitment, can truly represent moments of personal training aimed at building a better world for the new generations.

The essay analyses the evolution of the national and international scene between the Twentieth and the Twenty-first century to reach our days, plagued by the pandemic from Covid-19 and the war in Ukraine. The Author dwells on the need to rebuild a new multilateral architecture at the international level to effectively address cross-cutting problems, such as poverty, health, work and the protection of the Earth from pollution.

The Augustinian and Thomist philosophical tradition is the background to Sturzian thought, which analyses the antithetical and anti-juridical mentality widespread in all the fields that invested Catholics in the first post-war period. Peace and war are not hypostases that are over people’s heads; they bring everyone’s freedom and responsibility into play. The ecclesial Magisterium has always supported with realism and hope what concretely leads to peace, giving ethical principles regarding the person and the nations. The synthesis is given by the thought of Don Primo Mazzolari who, with farsighted prophecy, opted for the evangelical principle of respect for life, always and everywhere: Thou shalt not kill.

The main aim of this article is to investigate the role that diplomacy can play, in practice, in the realisation of peace. Starting from the reflections of Archbishop Paul Gallagher, with which it is possible to understand the profound sense of the Holy See’s diplomatic work, we proceed to emphasise how, in order to promote an authentic culture of peace, through diplomacy, it is necessary to stop and observe the link that exists between concrete life, real arguments and juridical aspects. An analysis of this link focuses on two fundamental elements with which peace building can proceed, namely dialogue and the definition of a so-called ius contra bellum. If the former represents the pivot on which to start a process of reconciliation, the latter is a requirement to achieve the balance of the international community, which is already warned in international law.

The article is devoted to the problem of the relationship between law and violence, starting with a comparison with Christoph Menke’s reflection. In particular, the ‘violence of law’ is understood here not as the violence that law inevitably uses to realise itself, but as the violence that law itself is.