Diritto simbolico, simboli nel diritto
In: Pubblicazioni del Dipartimento di scienze giuridiche "Cesare Beccaria". Corso di dottorato in scienze giuridiche Cesare Beccaria 1
In: Università degli studi di Milano, Facoltà di giurisprudenza
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In: Pubblicazioni del Dipartimento di scienze giuridiche "Cesare Beccaria". Corso di dottorato in scienze giuridiche Cesare Beccaria 1
In: Università degli studi di Milano, Facoltà di giurisprudenza
In: Jura
In: Studi Testi classici
Following the XVIII century Declarations, rights have progressively occupied the whole space of legal, political and moral debate; with the UN's Declaration of Human Rights, the language of rights has been established as a universal ground for expressing human needs and claims, despite allegations of Western ethnocentrism. Rights are an indispensable tool for expressing the value of human dignity, because they allow right-holders to claim certain actions as due to them: they endow the individuals with a moral authority, the absence of which would dramatically impoverish moral (political, legal) discourse. However, 1) the abuse and uncontrolled proliferation of rights talk threatens such language with inflation. Moreover, 2) not all plausible moral concerns can be expressed in terms of rights, since rights presuppose an individualist anthropology and are particularly well-suited to situations in which individuals can be seen as both independent and equal: in situations where individuals depend on others and have little or no power of negotiation, values like respect and dignity cannot be adequately expressed by rights language. Finally, 3) if we reduce all moral discourse to rights talk, we are unable to ascribe the due importance to values like autonomy, which presuppose collective goods. A reasonable use of rights language would avoid such shortcomings, although this seems to conflict with the basic tenets of some so-called "right-based" ethical theories.
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In: Politeia. Notizie di Politeia, Band 23, Heft 88, S. 251-256
ISSN: 1128-2401
In: Politeia. Notizie di Politeia, Band 21, Heft 79, S. 88-109
ISSN: 1128-2401
In: Politeia. Notizie di Politeia, Band 21, Heft 80, S. 250-256
ISSN: 1128-2401
In: Legisprudence Library v.9
Intro -- Acknowledgments -- Contents -- Editors and Contributors -- Introduction -- References -- Part I: Theoretical Problems in Legisprudence -- Bargaining in Philadelphia: Constitutional Games, Rational Law-Making, and Originalism -- 1 Introduction -- 2 Written Constitutions -- 3 The Philadelphia Convention -- 4 The Game-Theoretic Approach -- 5 Individual Coordination -- 6 The Northern Coalition -- 7 Game Theory and Originalism -- 8 Taking Stock -- References -- Legislation as Legal Interpretation: The Role of Legal Expertise and Political Representation -- 1 Introduction: Will and Interpretation in Legislation, Preliminaries -- 2 The Political Discretion Approach -- 3 The Legal Interpretation Approach -- 4 The Role of Legal Expertise in Legislation -- 5 Legislation and Political Representation -- 6 Conclusion -- References -- On the Structure and Stock Issues of Legislative Justification (in Parliamentary Debates) -- 1 Legislative Deliberation in Parliament and Justification of Laws -- 2 Reconstruction, Analysis, and Evaluation of Legislative Deliberations -- 3 Structuring Legislative Justification in Parliamentary Debates -- 3.1 Representing Legislative Teleology -- 3.2 Argument Schemes and Critical Questions -- 3.3 An Argumentation Scheme for Legislative Justification -- 4 Critical Questions or Stock Issues in Legislative Debates -- 5 Thoroughness, Plausibility, and the Problem of Representativeness -- 6 Concluding Remarks -- References -- Political Rationality and the Argumentative Approach in Lawmaking. How to Deal with Them? -- 1 Introduction -- 2 The Idea of Politics -- 3 Political Rationality -- 4 Critical Questions -- 5 Conclusion -- References -- Deception and Expression: The Puzzling Rationality of Symbolic Legislation -- 1 Introduction: Rationality and Reasons in Legislation.
In: Legisprudence Library, Studies on the Theory and Practice of Legislation 9
In: Springer eBook Collection
Part I. Theoretical Problems in Legisprudence -- Constitutional Games: Rational Law-Making and Bargaining in Philadelphia -- A legal interpretation account of legislative power -- Do legislators and judges till the same field? On the structure and stock issues of legislative justification -- Political rationality and argumentative approach in lawmaking -- The troubling rationality of symbolic legislation -- Comprehensibility of the Legal Text. Towards a Situation-Oriented Approach -- Part II. Legisprudence in Action -- Legislation as process, phases, and dimensions: a methodological approach -- Measuring legislation as a tool for better laws. The example of the Portuguese Legislation Observatory -- New technologies and a social impact on legislation: towards the transparency of lawmaking -- Meeting on a bridge: The Selma March between Legislators and Courts -- Legislative architecture and nudges: complementary tools to increase legal order resilience?
In: Pubblicazioni del Dipartimento di scienze giuridiche Cesare Beccaria, Facoltà di giurisprudenza, Università degli studi di Milano 25
© 2020 by the authors. Licensee MDPI, Basel, Switzerland. The first case of pneumonia was reported on 8 December 2019 and identified on 7 January 2020 as COVID-19. On 9 March 2020, to stop the spread of COVID-19 cases, the Italian government declared a health emergency, forcing all citizens to go into lockdown. Suddenly, schools were constrained to using distance learning strategies with little or limited experience on the topic. Particularly, in the southern regions of Italy, approximately 20% of the students did not have access to any devices and were excluded from learning, producing a direct risk of increased adolescent delinquency. This research team intended to report the results of an observational study that focused on the perceptions of distance learning in adolescents from secondary school in Naples (Italy) between April and May 2020. The questionnaire comprised 11 questions focused on the perceptions of distance learning in comparison to live classrooms, relationships with peers and teachers, and levels of anxiety. The study is amongst the first to report the effect of the pandemic from a student-centred perspective and hopes to produce information to develop future research on asynchronous learning.
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