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INdICe deL voLuMe CCXXXI - 2011

Fascicolo 1

fondamenti del diritto europeo Giuseppe Dalla Torre Sviluppi storici della deontologia forense


miscellanea Ferrando Mantovani autodeterminazione e diritto penale


Clelia Piperno La costituzionalizzazione degli enti locali







archivio giuridico – volume ccXXXi – Fascicolo 1-2011


giuseppe dalla Torre

the historical developments of legal ethics

having highlighted how legal deontology in canon law has come about over the centuries, through the collection of ma- terials coming from different sources, both religious and sec- ular, the author attempts to give a periodisation of this, out- lining the salient data of each historical period identified. The ancient age appears to be characterised by the merging of dif- ferent contributions of thought: Judaic, greek-roman, chris- tian. In the Middle Ages, thanks to the contribution by the universities on the one hand and the pontifical legislator on the other, the formation process of a canon law deontology has already come a long way. The modern age seems to be dominated by the question of the importance of the thought of the “probati auctores”. Lastly, the modern age sees the di- vorce between the canon law and civil law deontology, with the spreading of a positivistic concept which confuses deonto- logical codes and deontology. It is also the age of the birth of legal ethics” in the Anglo-Saxon world. The conclusions high- light the common responsibility of judges and lawyers in pur- suing justice.



Ferrando Mantovani

self-determination and criminal law

Self-determination is a problem of reach and limits rather than of legitimacy which, according to the personalist logic of relative self-determination, are constituted by: the limit of the non-right to suicide, since this constitutes a juridically toler- ated act, not punishable for reasons of expediency; 2) the lim- it of active consensual euthanasia, since solid in principle ar- guments are opposed to it, of a practical nature, of expedien- cy, of criminal law. Pure euthanasia on the other hand is lic- it, or that is, the help ‘to not die’, but ‘in dying’ through pallia- tive care, while passive consensual euthanasia (the refusal of treatment) creates a problem of a practical nature rather than of legitimacy, since it needs a series of requisites for validity, not easily verifiable in the terminally ill; 3) the limits of the living will, constituted by strict requisites for validity as guar- antee of the respect of the subject’s real will. Requisites, not verifiable in a recent and well-known case of persistent vege- tative state, for the interruption of artificial nutrition and hy- dration, with the consequent configurability of the crime of premeditated murder.


Clelia Piperno


the constitutionalization of local bodies

The constitutionalization of local authorities was intro- duced by constitutional amendment of the law the Loggia. This law was approved after a difficult and arduous process of growing recognition of the autonomy statute, which began with the Law 142, 1990. Prior to this legislation, the adoption of these legal sources was confined to certain areas hard in the Act of 1915 and 1934. Although some scholars have found in articles 5 and 128 of the constitution on the basis of this pow- er, the republican experience such acts have played a role as a mere implementation of rules to rank the primary or second- ary level , however, raised by other statutory authority of the legal source. Nowadays, local authorities juridical is an ex- plicit recognition in the Constitution, where Article 114, para- graph 2, in addition to identifying regions, including munici- palities, provinces and metropolitan cities, as autonomous en- tities with their own statutes, powers and functions accord- ing to the principles laid down by Constitution. Then the local state must be in harmony with the constitution and the gen- eral public principles in the administrative local organization