The Review publishes original papers covering a large array of topics in Law, general theory of Law and multidisciplinary studies i.e. ethic issue, legal aspect of technology etc. The Review aims to provide also a forum which facilitates the development of the legal aspects – especially in any field of private law is welcomed - of the scientific research and innovation, at European and International levels. Particular attention will be paid on the rights, obligations and the legal relationships arising from the research and innovation activities, as well as on the contracts to carry out the scientific researches and to exploit the results either in academic, market contexts and human rights. The Review will study the legal discipline of the European and National policies and of the legal instruments to implement them, especially the funding programmes and Human rights. The Review will study the legal discipline of the European and National policies and of the legal instruments to implement them, especially the funding programmes and Human rights.
Antonio Palazzo
Editorial. Venti anni di Diritto e Processo nello Studio perugino del XXI secolo. Nel solco di una lunga tradizione: dalla Scuola del commento all'interesse giuridicamente rilevante.
Editoriale a cura del Prof. Antonio Palazzo per i vent'anni della rivista Diritto e Processo.
Hedley Christ
WHAT CAN WE SAY LAW IS: DOES LINGUISTICS HELP IN THE ANALYSIS?
From a wide range of different sources, including a number of different countries, customary law, religious law and international law, linguistic analyses of legal discourse can deepen not only the understanding of the nature of law but also widen the understanding of legal topics. Thus, the paper aims to analyse the key aspects of legal discourse and the importance of its understanding through the analysis and examination of the language of the law, as well as why language or its linguistic analysis is important to law.
Francesco Scaglione
AUTONOMIA CONTRATTUALE E REGOLAZIONE DEL MERCATO ELETTRICO
The essay, starting from the problem of the integration of electricity supply contracts, reflects on the relationship between private autonomy and the powers of the judge to ensure the principle of substantial equality between the parties and the justice of the contract.
Manuel Millàn Torres, Favio Farinella, Roberto Cippitani
TECNOLOGÍA, DATOS PERSONALES Y PANDEMIAS
The ongoing pandemic has been the cause of many restrictions to rights, based on public health. This article elaborates on the relationship between human rights and the pandemic while technologies and artificial intelligence are used for social control. The discussion spins around a noun and two verbs. The pandemic constitutes an emergency that, as such, shifts our normality to unknown places. At the same time, it emphasizes pre-existing critical social situations and threatens freedoms. The novelty brought by this crisis is that the state of emergency makes use of new technologies and artificial intelligence. They can collect sensitive data such as those corresponding to health as a key to collect, store and process sensitive data. The methodology of the article refers to a comparative description (South America-Europe) which is based on a qualitative and quantitative documentary review to gather elements that contribute to the subject.
Stefania Tuccani
LA CARTA D’IDENTITÀ TRA TRADIZIONE E INNOVAZIONE
The essay analyzes the historical and legal profiles of the concepts of identity and identification, with particular attention to giving indications on the historical evolution of the purposes of the administrative identification document of the natural person (Identity Card), starting from the era of ancient Rome, passing through the Middle Ages, to get to the advantages and criticalities of the modern identification tool represented by the Electronic Identity Card.
Alberto Mattia Serafin
DIVAGAZIONI SU RAGIONEVOLEZZA E PROPORZIONALITA'
The essay analyzes the concepts of reasonableness and proportionality intended as concepts that inform the judgments made by the Italian Constitutional Court with reference to a large number of issues. In particular, the fundamental constitutional criterion of reasonableness, understood as a control of congruence between means and purpose, is analyzed with reference to cases of succession due to cause of death, in which there is a conflict of interests between the provisions of the form (art. 28 Notarial Law) and the purposes of the substance (article 2645-ter of the Italian Civil Code).