Teoria e Critica della Regolazione Sociale / Theory and Criticism of Social Regulation

Premessa

Franco Arato, Angela Condello — Mon, 16 Dec 2024 00:00:00 +0000

Franco Cordero e il processo accusatorio

Paolo Ferrua — Mon, 16 Dec 2024 00:00:00 +0000

Today, there is an unbridgeable gap between the principles contained in Article 111 of the Constitution, which is based on the accusatory model, and the criminal trial in law, and in jurisprudence and practice. The reasons for this are complex. They include: the hostility of a large part of the judiciary towards the adversarial rule; the fear that the accusatory model is a prelude to the separation of careers; the jurisprudence that often leads to a reductionist interpretation of procedural guarantees; and artificial intelligence, some aspects of which risk depriving the judge and the parties of their irreplaceable commitment.

Intorno a "Gli Osservanti" di Franco Cordero

Angela Condello — Mon, 16 Dec 2024 00:00:00 +0000

In this article I dig into Cordero’s theoretical work on the origins and phenomenology of legal norms. I aim to show that his focus on the archeology of the norms belongs to a tradition proper of a specific period of time, followed by other intellectuals (in France, for instance). Moreover I claim that his perspective could be fruitful today to value a peculiarly “human” way of conceiving the origin, the interpretation and the functionment of law and legal operations.

Rovesci culturali paradossali, tra Cordero e San Paolo

Paolo Heritier — Mon, 16 Dec 2024 00:00:00 +0000

The article begins with the case of Cordero’s expulsion from the Catholic University, and his diatribe with Cardinal Colombo. The paper analyzes the fundamentally Nietzschean reading of Pauline anthropology and proposed liberation of juridical rationality from religious irrationality within Cordero’s Letter to Romans commentary. To critical argumentation the article opposes the renew of twentieth-century Christology, which is considered capable of going beyond Cordero’s criticism, while at the same time providing intelligibility of his historical perspective: hoping of being able to rearticulate on a different basis the relationship between legal and anthropological thought of the West in crisis, and the renewed contemporary vision of Christian theology.

Il problema del giudizio: in contrappunto con il pensiero di Franco Cordero

Alessio Lo Giudice — Mon, 16 Dec 2024 00:00:00 +0000

The article offers a reflection on the complexity of the experience of judgment, starting from an analysis of Franco Cordero’s thoughts on this topic. Cordero’s work is examined using the method of counterpoint, as in his reflections on judgment he oscillates between emphasizing the possibility of reducing the entire legal experience to a web of judgments, and the tendency to reduce judgment, even that of a legal judge, to a predominantly logical and controllable operation. By proposing an existential conception of legal judgment, the article engages with Cordero’s thought and ultimately identifies, within his peculiar philosophical-legal perspective, the rationale for the predominantly logical-formal meaning of judgment that he suggests. The concern raised is that this interpretation might inevitably lead to a partial removal of the question surrounding the concept of justice.

Le allegorie narrative di Franco Cordero: da "Genus" a "Passi d’arme"

Franco Arato — Mon, 16 Dec 2024 00:00:00 +0000

Franco Cordero’s narrative arose at the end of the sixties from a personal controversy: early in his academic careeer, the jurist got on a collision course with the institution of Catholic Church, whose teaching he had embraced when he was very young. His debut as a novelist (Genus, 1969) sounds as a sharp allegory of power politics in Post-war Italy; this prelude is followed by a rich harvest of books: for instance, Opus (1972), on a middle-aged Jesuit who is losing his faith; Pavana (1973), a multi-voiced novel on moral and political corruption in a small town. The author’s masterpiece is perhaps L’opera (1975), the recollection of one day in February 1945, when Cordero’s hometown, Cuneo, is approaching the end of Fascist war and the protagonist experiences the beginning of adult life. Cordero’s style fluctuates between a Baroque flair for linguistic inventiveness and a precise, analytical evocation of masked hypocrisy. As a gloomy and bold scourge of modern society, Cordero is a unique voice in Italian literature of the late twentieth century.

Franco Cordero: il polemista

Valter Boggione — Mon, 16 Dec 2024 00:00:00 +0000

Cordero’s entire production is animated by a strong polemical charge, aimed at the Church and Berlusconi, emblematic expressions of an Italian spirit dominated by a lack of ethical seriousness, selfishness, familyism. The controversy, which owes much to Leopardi’s Operette morali, arises from the rejection of all dogmatism, of the cult of the self, of the subjugation of consciences to party or personal interest, and is animated by an almost prophetic desire to announce enlightenment. However, the Catholic education is evident not only in moralism and in a biblical imagery, but also in the fierce investigation into the origin of evil. Cordero’s writing is full of fantastic inventiveness, as evidenced by the dozens of nicknames applied to Berlusconi, starting with the Caiman, and combines in a singular way an Enlightenment desire for conceptual clarity and concentration with the baroque taste of the list, of grotesque deformation and surreal and the use of figures of exasperation.

Cordero: il giurista

Marcello Maddalena — Mon, 16 Dec 2024 00:00:00 +0000

The paper describes the profile of Franco Cordero as jurist through a personal reconstruction of the memories of Marcello Maddalena (a former student of Cordero’s), by valuing his rich intellectual profile.

Metafisica profana: il tempo

Patrick Nerhot — Mon, 16 Dec 2024 00:00:00 +0000

Angela Condello in dialogue with Chiara Bottici. Difference Feminism and Anarchafeminism. Perspectives on Gender Justice

Angela Condello, Chiara Bottici — Mon, 16 Dec 2024 00:00:00 +0000