Stato, Chiese e pluralismo confessionale

Urgenza climatica e ambientale, usurocrazia e debito dei paesi poveri

2024-04-18T16:47:50+00:00

Climate and environmental urgency, usurocracy and poor countries' debt

ABSTRACT: This contribution, like other previous ones on the subject, is moved by the intent to acquaint readers of this informed scientific magazine with debates and updates intended for contexts other than canon law and state ecclesiastical law, but undoubtedly close in content and method of inquiry. These are the battles of civilization against the international imperialism of money, condemned by the Roman Pontiffs and in even more incisive tones by Pope Francis, to whom the following paper is dedicated on the occasion of his 87th birthday. Its remote origins are to be found in the struggles against usury of the Roman plebs, embraced by Simon Bolivar and his epigones. The author of the paper, Advocate of the Holy See for the Canonical and Civil Forum, reconnects with the great tradition in question when he returns to the subject of the foreign debt of poor countries, closely connected in our days with that of climate and environmental urgency. This is a new element, which enriches the acquisitions on the failures of debt and the financialization of the world economy with a deepening, from a legal point of view, of the holistic dimension of nature and the reality that surrounds us.

SOMMARIO: 1. I quattro NO di Papa Francesco - 2. Dall’Italia al Burkina Faso al Sudafrica - 3. Il ruolo della Santa Sede: in particolare, Francesco e il Nord del mondo - 4. L’Enciclica Laudato si’ e l’Esortazione apostolica Laudate Deum.

Sociologia della radicalizzazione

2024-04-18T16:49:51+00:00

Sociology of radicalization

ABSTRACT: The new century has seen the expansion of the concept of radicalization, with this term being adopted in various contexts with heterogeneous functions. This paper aims to investigate this phenomenon from a sociological perspective. The first focus is on examining the definition of the term “radicalization” in sociology. Acknowledging that radicalization is not exclusively an Islamic phenomenon, it will be seen that it is considered both a political and a religious matter. In attempting to define this concept, it will be observed how it encompasses various elements that may or may not involve the presence of violent action. Having delved into this initial aspect, the article then explores the reasons that can lead to radicalization and thus the path followed by individuals undergoing 'radicalization.' It will therefore examine the categories of individuals who are more likely to adhere to extremist ideologies, considering both French and Italian contexts. Finally, it will consider how these collected data can enable the construction of a strategy for preventing radicalization.

SOMMARIO: 1. Introduzione - 2. Definizioni e ambito di indagine - 3. Traiettorie e intersezioni - 4. Ricerca e prevenzione.

Delibazione e divorzio nella giurisprudenza della Cassazione: il difficile bilanciamento tra attuazione della normativa concordataria e tutela del coniuge più debole

2024-04-18T16:51:38+00:00

Exequatur procedure and divorce in the jurisprudence of the Supreme Court: the difficult balance between implementation of the concordat legislation and protection of the weaker spouse

ABSTRACT: The 1984 Agreement with the catholic church modified the rules for implementing canonical sentences of nullity of marriage in the Italian legal system, introducing several controls among wich the non-contradiction to Italian public order of such sentences has acquired increasing importance. In recent years, this requirement has been interpreted by the jurisprudence of the Supreme Court in a very restrictive manner in order to limit the recognition proceeding as much as possible, with the aim of avoiding the unfavorable economic consequences deriving from the nullity of the marriage for the spouse who would have been entitled to maintenance allowance in the event of divorce. The work focuses on the relationship between recognition of canonical nullity and divorce, analyzing the repeated interventions of the Court of Cassation to prevent that with the exequatur procedure the economic measures taken in the divorce judgment could be annulled. The protection of the weaker spouse was made even more complete by the recent ruling of the United Sections of the Supreme Court of 2021 that allowes the treatment of economic issues still pending, provided that the divorce decree between the parties was pronounced before the exequatur of the ecclesiastical sentence of marriage nullity.

SOMMARIO: 1. Premessa - 2. I tratti salienti dell’attuale procedimento di delibazione - 3. La differente tutela del coniuge nel caso di nullità e di divorzio - 4. Il rapporto delibazione-divorzio tra tesi dottrinali e orientamenti giurisprudenziali dalla metà degli anni Ottanta alla fine degli anni Novanta - 5. Gli interventi della giurisprudenza di vertice su delibazione e divorzio a partire dal 2001 - 6. L’ulteriore passo in avanti della Cassazione: dopo il giudicato di divorzio è possibile la trattazione delle questioni economiche ancora pendenti anche se nelle more sia intervenuto l’exequatur della nullità canonica - 7. Conclusioni.

Comparing law and religion judgments in the rise of judicial populism. The kirpan case-law in Italy and Canada as a case-study

2024-04-18T16:53:37+00:00

ABSTRACT: This essay explores the intersection of religious symbols and judicial populism, focusing on the case-law related to the kirpan in Italy and Canada. In an era of rising populism, religious symbols become political tools, creating an “us-versus-them” narrative. The kirpan, a Sikh ritual dagger, can serve as a case-study for judicial populism, examining contrasting approaches in Italian and Canadian case-law. Italian case-law prioritizes public safety over religious freedom, while Canadian case-law adopts a nuanced approach, accommodating the wearing of the kirpan under some conditions. The kirpan’s legal ambiguity highlights the tension between religious freedom and public safety, reflecting the broader challenges of recognizing different identities in a multicultural society.

SUMMARY: 1. Religious symbols, populism, and judicial populism - 2. Methodology and research questions - 3. The kirpan as a case-study for judicial populism - 4. Judicial populism in action: the Italian case-law - 5. Precautions against judicial populism: the Canadian case-law - 6. Countering judicial populism.