Legal Philosophy and Other Perversions
dicembre 13th, 2009
although still waiting for proofreading, I think the English draft version of my article about Civil Code (see june 11th post) is quite acceptable, so here we are.
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novembre 22nd, 2009
Best universities for law and philosophy programs, according to this poll (via Brian Leiter)
http://www.cs.cornell.edu/w8/~andru/cgi-perl/civs/results.pl?id=E_0905f04b86cbbed7
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luglio 13th, 2009
I wonder about the correlation between Family and Welfare. The juxtaposition gives rise to an (apparent) paradox, which according to me makes the whole thing more interesting.
To keep it short, we are generally told that, if the welfare policies increase, the natality will also increase. this is true of any kind of welfare policy, but expecially true for that welfare tools which are meant as specifically supporting the family (i.e. vouchers or bonuses for new-born kids etc.)
At the same time, and here’s the paradox, welfare seems to be also making the family weaker. By providing welfare policies, the State substitutes the need for family’s economic support. in doing so, it partially renders family “redundant”, and ends up by dampening the ties among family members.
So, should we insist on welfare or giving it up? I think it depends on the kind of family we are expecting. No kids but strong ties, or vice-versa? At the same time, maybe, the economic argument is not convincing enough to explain family’s dynamics.
I discuss the issue further for the ones who can read Italian, here (il welfare e il paradosso della famiglia) on Vision, this italian webzine dedicated to big, sometimes huge, issues. Every now and then we publish articles in English, so stay tuned.
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giugno 29th, 2009
The journal I’m working for asks me to write an article about Italian Uni. I’m in a rush and I end up by piling up some trivial observations, with no numbers and stats, here
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giugno 12th, 2009
People don’t vote? Who cares.
Do you really think that voting improve your rights and help you get represented?
Oh, yes, it does, but really broadly and superficially.
Maybe we should stop tearing our hair if abstention level peaks, and focusing on other ways of building up democracy, which have nothing to do with vote. I suggest two. Lobbying and Judiciary.
“Crisis? Only Evolution an Change”, here
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giugno 11th, 2009
Would you travel by carriage on a motorway? I guess no.
But legal scholars are working on it. They are up to introduce us a legal tool which will enable us to travel on a motorway, with the same speed and safeness of an old, XIX century carriage.
Apparently, not so many know that European Legal scholars have been working, since 1989, on a European Civil Code’s project. (They did it quiet silently, though).
The idea is simple and easy to trumpet again and again. It goes like that: a unite Europe needs a unique legislation, that can be pursued only by means of a unique Code.
I agree on the premises. I do think Europe needs to uniform its private law. Thinking that the best way to achieve it is trough a Code, nevertheless, is somehow idiotic. Indeed like thinking that today one can go, safely, by carriage, from Berlin to Paris on a motorway.
The Code is a -very good- product of the legal engineering of the XIX century. But, regretfully, we’re not in XIX century anymore, and we should just admit those ideas have made their time.
For an outline of my argument: (continua…)
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giugno 11th, 2009
Most of tort and criminal cases are solved by means of scientific evidences.
Scientific.
It raises ideas of certainty, trustworthiness, beyond any reasonable doubt.
But the Courts happened to disagree about what is scientific and what is not. (dismay: uncertainty, un-trustworthiness, and loads, loads of doubts). Is DNA test “scientific”? Are experts reliable when they claim to refer to scientific studies? When evidence which has been said to be scientific, really is?
How did US Courts addressed the problem of the scientific evidence? A brief essay on the response, here (Regretfully, just in Italian for now).
Unexpectedly, Philosophy of Science has much to teach to Law.
I referred in large part to Susan Haack, whose work I have massively quoted in my article.
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