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Sociologia del diritto
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ISSN (Print) 0390-0851 - ISSN (Online) 1972-5760
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The effectiveness of self-regulation: The case of advertising
self-regulation in Italy.
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  Abstract: Maria Cristina Reale
  The increasing complexity of contemporary legal systems has highlighted the role of public and private actors in the law-making process. This theme, widely explored by socio-legal theory, has also been taken into consideration by the European institutions, according to which, in order to improve the quality and effectiveness of law making, it would be necessary to integrate and support the existing legislative, judicial and administrative instruments with self-regulation and co-regulation tools. A particularly successful example of self-regulatory organization is the Istituto Italiano di Autodisciplina Pubblicitaria that has been monitoring the fairness and correctness of commercial communication since 1966. Its effectiveness in guiding the conduct of advertising operators and protecting consumers is widely recognized. However, in a legal system like the Italian one, which still appears to be strongly influenced by a formalistic notion of sources of law, full coordination between legislative instruments and self-regulation does not seem easy to achieve.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
"Revenge Porn". A gender understanding of a (misunderstood) offence
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  Abstract: Elisabetta Stringhi
  This paper discusses the criminal offense of non-consensual dissemination of sexually explicit images and videos under Article 612-ter of the Italian Criminal Code as a form of gender-based violence. According to this assumption, a gender approach is crucial for both a socio-logical understanding of the phenomenon and prevention purposes. After an in-depth review of the relevant sociological, IT and legal literature, as well as of the Italian law and case-law, the essay tries to suggest a series of preventive measures and, additionally, support measures for the offended parties.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
The need to take a stand
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  Abstract: Massimiliano Verga
  In Italy, over three million people (or one person in twenty) suffer from one or multiple disa-bilities. It clearly emerges that this individual and social phenomenon is far from being mar-ginal. Sociology of law can certainly offer a significant contribution to this subject, both in the evaluation of the normative instruments already envisaged by our legal system, and due to its peculiar potential to imagine new tools and social policies in this area as well. The contribu-tions of this dossier focus on some critical aspects that characterize current reflections on disability. In particular, on the one hand, they zoom on the issue of the complex relationship between disability and the recognition of human rights, including reproductive choices; on the other hand, they delve into the issue of disability itself, understood as a relationship, in terms of both its "spectrum function" and the symbolic violence to which people with disabilities are subjected. Lastly, one contribution provides an in depth-analysis of the so-defined "Dopo di noi" [literally, "After us"] Law - a pivotal legislation that aims to regulate this delicate phase of life - a few years after its approval.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
The spectrum-function of disability. Study of political catoptrics
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  Abstract: Ciro Tarantino
  In the wake of the catoptric metaphor’s tradition, this study inscribes disability in those machinamenta capable of extracting evidences from the materials deposited in the sedimentary layers of historical formations. In this perspective, disability is conceived of as a powerful social spectrograph having the strange feature to capture the State’s spirits that establish and summarize the perceptive, cognitive, moral, legal and political orders of an epoch. The condi-tions of such capability seem to be enshrined in the particular status of disability as an element of disorder revealing both the established order and the multiple orderability of things. The result is an understanding of disability that has an inherent potential for deforming social structures.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Symbolic violence and disability: some reflections on an out-of-law
concept
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  Abstract: Matteo Schianchi
  The condition of disability has been historically and continuously subjected to forms of inferiorization, whose cultural assumptions and social effects are effectively explained by the concept of symbolic violence. It is necessary for the law to deal with this dimension, by contributing to the cultural, social and legal rupture that ongoingly activates the premises of the state of inferiority linked to disability rather than by constructing specific norms.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Persons with disabilities and human rights: troubled relationships
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  Abstract: Maria Giulia Bernardini
  Following the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), scholars have extensively focused on the close relationship between persons with disabilities and their human rights. In this contribution, the author starts from the assumption that the relationship between persons with disabilities and human rights can only be adequately understood by grasping its "plural" (i.e. "relationships" rather than "relationship") and trou-bled dimension. She dwells on some of the most significant issues that in her view are: the "struggle" for rights (at first civil rights and then human rights) by persons with disabilities; the innovations introduced by the CRPD in the framework of international human rights law and its specificities; the problem of the effectiveness of disability human rights. Finally, she pays special attention to their violation occurred during the pandemic
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Untold rights. Sexuality and reproductive rights of girls and women with
disabilities.
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  Abstract: Sara Carnovali
  Girls and women with disabilities are victims of multiple discrimination on the ground of the intersection between gender and disability, which prevents them from fully enjoying their fundamental rights to sexuality and reproduction in much of the world. This circumstance depends on the stigma generated by two different "myths" in this area: on the one side, accord-ing to the "asexuality myth", women with disabilities are perceived of as lacking of their own sexual and reproductive life, a perspective that denies their adulthood, sexual education and access to health services dedicated to female health; on the other side, on the basis of the "hy-persexuality myth" the sexuality of women with disabilities - in particular intellectual or mental - is perceived as "out-of-control", to be "dominated". This latter perspective legitimizes practices which seriously infringe upon their human rights, such as forced contraception, abortion and sterilization. This contribution investigates the importance of combating multiple discrimination in order to safeguard the human rights of women and girls with disabilities, with particular reference to the rights on the body and of the body.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
"Dopo di noi" and "Durante noi". Brief reflections five years after the
approval of Law 112/2016.
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  Abstract: Massimiliano Verga
  Almost two decades after the first legislative proposal on the subject, in June 2016 the Italian Parliament adopted the law on the so-defined "Dopo di noi" [literally, "After us"]. Five years later, the attempt to assess the effectiveness of the implementation of the Law No. 112/2016 and its pitfalls seems timely and appropriate. Upon an initial analysis it can be observed that, on the one hand, only few people with disabilities currently benefit from the services and projects introduced by the aforementioned law in the "Durante noi" [literally, "During us"] period; on the other hand, there are some critical issues related to both the text of the law and the plurality of competences regarding the offer and management of services that characterize the Italian scenario.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
A widely informative handbook with a scent of theoretical unilateralism:
Apropos of Pribán’s handbook on sociology of law
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  Abstract: Vincenzo Ferrari
  This essay offers a detailed review of the Research Handbook on the Sociology of Law edited by Jirí Pribán in 2020. The author proceeds to a scrutiny of the various essays collected in this volume, whose importance as an updated overview of the state of the art in this area of study is unquestioned. He also observes that, in addition to certain gaps that are inevitable in a work of such scope, this handbook ends up offering a somewhat unilateral vision of law, in that it sees it, predominantly, as a tool of social integration, while forgetting the weight of social conflict and the ambivalent roles that law may play accordingly.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Phenomenology of Trust and Consensus. Remarks about Guido Gili and
Massimiliano Panarari’s
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  Abstract: Maria Ausilia Simonelli
  The author of this essay critically reflects on La credibilità politica by Guido Gili and Massimiliano Panarari, published in 2020. In their work, Gili and Panarari pose a basic question: "What is credibility' What does ‘to be credible’ mean'". To answer this question, they investigate some crucial themes from different and complementary perspectives, i.e., theoretical, historical, political, sociological, practical, or moral. What are the analysed issues' The roots of credibility; the characteristics and "virtues" that a political subject must possess to be considered credible; the forms of social circulation of credibility and trust in the political sphere; the risks and pathologies of credibility; and, lastly, the new foundations of political credibility
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT

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