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Publications (55)
This essay focuses on the impossibility of considering food as ‘a thing.’ It addresses the legal profiles of food from an interdisciplinary perspective by treating the production, signification and consumption of food as semio-spatial categories. The argument starts from the foundational premise that the dynamics of food, as a magmatic flow, compre...
1. What does ‘common’ mean in outer space? – 2. Weightlessness and
Void: Psycho-cognitive and pragmatic implications – 3. The hidden proxemics
of legal categories and its collapse into outer space – 4. Conclusion: a gaze from
without toward “the little threshing floor which makes us so ferocious”.
Sommario: 1. Laicità e secolarizzazione. - 2. Diritto ecclesiastico dello Stato: ironie, cecità e malintesi a cavallo tra genitivo soggettivo e genitivo accusativo. - 3. Un quesito per l’oggi e per il domani: il diritto ecclesiastico è (ancora) Scaduto ? - 4. 5. Conclusioni (brevi).
This essay proffers a theory of human dignity in an agentive/generative sense. Both its biblical roots and its general anthropological significance are probed. In particular, two lines of research are developed. The first concerns the biblical roots of cosmosemiosis (with particular reference to the story of Noah) and the related assumptions for a...
Sommario: 1. Prologo - 2. Cosa tradurre? Costruzione del termine medio del sillogisma giuridico e processi interculturali - 3. Chi fa i fatti? Soggettivo e oggettivo nel prisma della traduzione interculturale - 4. Narrazioni incrociate, contestualizzazioni incrociate e traduzione-transazione interculturale - 5. Come fare traduzione giuridico-interc...
Is there a connection between the Sabbath, inaction, and translation? And, again, between the Sabbath and the rhythm of relations with Otherness? This short essay attempts to fathom, from a semio-anthropological perspective, the ternary relationship between three cultural categories/archetypes: the 'Sabbath,' 'Babel,' and 'Otherness,' respectively....
This paper presents a chorological, and therefore spatial and radial-relational, approach to legal experience and, more generally, to meaning-making processes. It leverages the hermeneutical instrument of the 'semio-spatial framework' understood from an interdisciplinary perspective. The theoretical assumptions of legal chorology are then developed...
This chapter analyzes the role that semiotics could play in everyday legal experience. I try to show how the adoption of a semiotic approach to legal categorization could allow for the bringing to the surface of the implicit and silenced components underlying the categorization schemes of which legal rules are made. The main improvement to legal pr...
In this chapter I address the topic of cultural constraint of legal interpretation and legal translation starting from a cognitive conception of culture. On this presupposition, I proffer a redefinition of the scope of the ‘cultural’ in legal interpretation and propose a ‘translational’ understanding of legal qualification with specific regard to t...
This chapter orbits the idea that the sacred place/site ‘is’ its implications, both noetic and pragmatic. Sacred places symbolize, as an epitome, past sacred experience; but as signs they project toward the future and trace the threads to weave and intertwine people’s behavioral habits and relationships. This means that sacred places’ implications...
This chapter deals with the contested universality of human rights from an intercultural point of view. Such a perspective conflates with the possible use of human rights discourse as a horizontal interface to translate different cultural subjectivities. Using this hermeneutical approach, spatial and semiotic proximities inherent to ‘multiculturali...
This chapter aims to show how the cultural incompleteness of Western secularization, with specific regard to legal categories, affects the neutrality of state law before religious and cultural minorities. In opposition to Schmitt’s focus on the public/institutional features of ‘Political Theology’, I examine the resilience of Christian moral theolo...
This chapter addresses the intertwining between cultural categories and spatial mobility. It is a kind of synthesis of the results achieved in Chaps. 3 and 4, which will be rearticulated and reshaped in combination with a theory of intercultural globalization and its experience from below. The first axis for the analysis focuses on the interspatial...
What are the implication of an intercultural legal approach on indigeneity and its treatment on a planetary scale? In any form, ‘being indigenous’ has a relational signification. Therefore, what consequences might there be for a conceptualization of indigenism that recognizes the commonality of our being indigenous to the Earth? Could we think of e...
This chapter addresses the thorny issue of how legal words and spatial experiences interplay. The topic is treated through the spectrum of human rights implementations and their semantic-spatial implications. This perspective allows for an immediate focus on the cognitive continuities that exist between categorical and spatial frames. When a subjec...
In this conclusive chapter the semiotic and reticular approach to categorization is used as an angle to outline the contemporary relationships between interculturality and democracy on a global scale. The chorological reading of phenomena is applied as an epistemological tool in order to make visible the often completely silenced space-time connect...
This chapter is strictly linked to the previous. It sets out the methodology of legal intercultural translation/transaction by availing of an interdisciplinary approach that includes legal theory, anthropology and semiotics. More specifically, it proposes an intercultural use of national legal system provisions and a three-step method to translate/...
The paper offers a processive reading of hoping, as such different from the usual target-driven way of understanding the disposition to hope. In this direction, the initial focus is on the ambivalence of hope considered as a sign. In particular, the double reference to the target of hope and psychological disposition are considered and compared. Th...
In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semanti...
This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the...
Legal systems can be metaphorically taken as semantic and pragmatic enclosures. The ancient world has given us at least three literary loci that display the self-disruptive significance of this kind of metaphor if assumed as a practical guideline in the attempt to steer human experience. The first such loci can be traced in biblical Eden; the secon...
Recently the CJEU decision in the case of ‘Ewa Glawischnig-Piesczek v. Facebook Ireland Limited’ has raised the issue of the transcultural/trans-territorial signification of hate speech and hate crimes. Taking a cue from this decision and the related semiotic/legal implications, the paper proposes an analysis of the semio/pragmatic conditions for t...
The Universal Declaration of Human Rights embeds the natural law’s and modern jusrationalist philosophers’ legacy. Its enunciative style is strongly influenced by the ideal imagery underlying the presumptive self-evidence of natural rights and their rootedness in human nature. Unfortunately, the objectivity of human nature and its deontic implicati...
The essay analyzes the history of the Italian Tricolore and its synesthetic transmutation in culinary symbols, specifically Pizza Margherita. The process of this inter-semiotic transduction of the Italian national flag involved, as its semiotic means, the unbalanced and, in many respects, discriminatory geo-political strategy that gave rhythm to th...
Abstract:
Modern legal systems' efficacy and self-consistency rely upon semantic/cultural conditions that they do not engender and are unable to maintain without resorting to the cognitive provisions gushing out from freedom-this is the preliminary assumption of this essay. Some factors play a generative role in this direction. The cornerstone of l...
Legal reasonableness and its theoretical analysis are often gauged on judicial activity. However, the judicial exercise of reasonableness is always a post-factum activity. People produce facts, and then courts are called to ascertain and qualify their conduct to determine its legal consequences. The use of reasonableness appears, in this way, almos...
Myriam Hunter-Henin's recent book is a well-structured work. The principal of its strengths, in my view, is interdisciplinarity. The analysis of the legal significance of religion is carried out through a constant comparison with the theoretical pillars of democracy and constitutionalism. Actually, the author's answer to the question 'why religious...
The essay focuses on a different perspective of the child in the assessment of her/his best interests regarding the practice of international adoption. Specifically, it will be argued that the child who is the object of adoption should be understood in terms of his/her ‘relational being,’ rather than as an a priori reified entity. This perspective...
Suicidio assistito e diritto sono affrontati, in questo saggio, combinando un approccio semiotico e la prospettiva filosofica di Levinas. Attraverso questa duplice lente sono analizzati gli sviluppi giurisprudenziali più recenti, con particolare riferimento all'Italia, sullo sfondo dei contributi forniti sul tema della morte, dell'immortalità e del...
The many constraints of outer space experience challenge the human ability to coexist. Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative livin...
The Bible recounts that in Eden, Adam gives names to all the animals. But those names are not only representations of the animals’ nature, rather they shape and constitute it. The naming by Adam contains in itself the divide between the human and non-human. Then, there is the Fall: Adam falls and forgets Being. Though he may still remember the name...
The many constraints of outer space experience challenge the human ability to coexist.Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative living...
Abstract
The many constraints of outer space experience challenge the human ability to coexist.Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperat...
The essay orbits around the idea that the sacred place/site “is” its implications, both noetic and pragmatic. Sacred places symbolize, as an epitome, past sacred experience; but as signs they project toward the future and trace the threads to weave and intertwine people’s behavioral habits and relationships. This means that sacred places’ implicati...
This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperat...
The essay addresses the topic of religious conversion from a spatial point of view. Traditionally, conversion is analyzed as a shift from one universe of faith to another, in which changes in converted people's commitments to communities and social frameworks take place. Conversely, my theoretical attempt is to consider conversion as a proactive cr...
The essay addresses the issue concerning intercultural translation and its relationship with human rights. This matter is analyzed by taking human rights as interfaces of metaphorical intercultural “transduction” rather than as parameters to assess the lawfulness of people’s behaviors or their legal systems of belonging. Such an approach is in tune...
The essay addresses the following topics:
I will talk about the intertwining between cultural categories and spatial categories.
The first axis for the analysis will address the interspatial blurring and blending produced by the translating of the individuals through manifold and culturally plural circuits of state/territorial sovereignty.
The s...
The European Union was born under the sign of ‘unity in diversity’ and pluralism. Such a design with its rather oxymoronic combination of ends has so far found an institutional and procedural synthesis. From a cultural point of view, however, Europe is divided, and efforts towards anthropological translation, at least in as reflected by the law, ha...
Freedom of will and ability to self-determine are considered as prerequisites for criminal responsibility. Freedom of will and knowledge, however, are strictly intertwined. How, therefore, the cultural difference may impact on the configurability of criminal responsibility and the same imputability of criminal actions? And what is the relationship...
La communication interindividuelle repose sur une connaissance supposée partiellement partagée que les locuteurs ont de leur environnement commun. Chacun sait également que ni lui, ni l’autre ne savent tout de ce qui est nécessaire à l’échange. Mais les malentendus sont tolérés et surmontés par le postulat implicite que l’on sait que l’autre sait q...
Ora in "Diritti umani e diritto internazionale", 1/2010, p. 5 ss. SOMMARIO: 1. Il crocifisso bicipite — 2. Storia, costituzione e polifonia delle tradizioni — 3. Cultura in libertà. I simboli religiosi come veicolo di informazione civica — 4. La laicità «sana». Dall’aggettivo al verbo per una deangolazione non solo sintattica
