The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...) (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

In this article, we deal with the evaluation of the losses suffered by persons living in urban areas as a result of energy services. In the first part, we analyse how by adopting different informational foci we obtain contrasting interpersonal evaluations regarding the same loss. In the second part, we distinguish between a diachronic and a hypothetical/moralised threshold for harm in order to assess whether individuals are benefiting from or being harmed by a given energy service. Our argument is that (...) the most accurate evaluation of an individual damage caused by an energy service can be obtained by using capabilities as informational focus, instead of realised wellbeing or means to wellbeing, and by interpreting the loss in relation to a hypothetical/moralised threshold that corresponds to a list of central capabilities. In the last part, we address monetary and non-monetary compensations for a loss that is evaluated in terms of capabilities. Accordingly, we expound how compensation policies can either restore the capabilities lost due to energy services or monetarily compensate the individual for the fact that a given capability (or set of capabilities) has been irremediably lost. (shrink)

The work that follows concerns the theology, spirituality and mysticism of Master Eckhart. Without any pretense of exhausting it, which would require several volumes, we will try to illustrate its main features. Taking as reference the work of Eckhart The Sermons translated by Marco Vannini, one of the greatest Italian scholars of the Rhine Master, we will try to bring out to the reader’s intelligence the pathways to understanding and experiencing what Eckhart considers the essence of God. Three ways that (...) are called silence, humility and exhaustion. Using the metaphor of musical keys to indicate these three ways, we have, at least we hope, pointed out the structural elements of the vast score of the experience that Master Eckhart claims to have of the essence of God, a score that reabsorbs, in a superior synthesis, the three keys, giving shape to a single path that leads, by affinity, to union with the undifferentiated and absolute One. The purpose of this work is to value the foundations of Eckhartian theology, spirituality and mysticism for take, why not, advantage in sense of a personal growth (our and the kind readers). (shrink)

This contribution pays special attention to the Italian legal framework concerning the collaborative and sharing economy, with a focus on those economic initiatives which are platform mediated. This choice is due to the importance of the concept of “platform” in the definitions of the CSE provided at both the Italian and the European levels. As highlighted in some studies, most actors of the CSE can be considered not only economic disruptors but also policy disruptors. Thus, the chapter tries to shed (...) light on the difficulties Italian regulators had while dealing with the emergence of these actors, especially in sectors such as food, accommodation, delivery, and transport. Italian policymakers were not able to design new regulatory frameworks to cope with the challenges of CSE, privileging bans or almost total deregulation over the elaboration of innovative rules. Regarding the issue of digital labour, the Italian legislator adopted a partial solution, creating a framework that dualizes the labour market, maybe with the aim of satisfying both digital workers and platforms. Overall, it seems that the Italian ecosystem of the CSE is bound to evolve, especially after the appearance of the health crisis related to the COVID-19. (shrink)

We discuss models that attempt to provide an explanation for the violation of Bell inequalities at a distance in terms of hidden influences. These models reproduce the quantum correlations in most situations, but are restricted to produce local correlations in some configurations. The argument presented in (Bancal et al. Nat Phys 8:867, 2012) applies to all of these models, which can thus be proved to allow for faster-than-light communication. In other words, the signalling character of these models cannot remain hidden.

The review is available online on Estudos Kantianos.

This is a Lithuanian translation, by Giedrius Sadauskas, of my paper, ‘The Philosopher as a “Secret Agent” for Peace: Taking Seriously Kant’s Revival of the “Old Question” ’, in Valerio Rohden, Ricardo R. Terra and Guido A. de Almeida (eds.), Recht und Frieden in der Philosophie Kants, vol. 4 of Akten des X. Internationalen Kant-Kongresses (Berlin: Walter de Gruyter, 2008), pp.601-612. An offprint of the English version is available in the "Kant 4 - Moral and political philosophy articles" section (...) of this website. An online version of the text (in Lithuanian) is available at the link shown below. (shrink)