Although tolerance is widely regarded as a virtue of both individuals and groups that modern democratic and multiculturalist societies cannot do without, there is still much disagreement among political thinkers as to what tolerance demands, or what can be done to create and sustain a culture of tolerance. The philosophical literature on toleration contains three main strands. (1) An agreement that a tolerant society is more than a modus vivendi; (2) discussion of the proper object(s) of toleration; (3) debate about (...) whether there is a ‘paradox’ of toleration and, if so, how it might be solved. This Introduction outlines how each of the subsequent papers addresses problems in the theory and practice of toleration, in the light of these three strands in the existing literature. (shrink)
The debate on the nature of the European Union has become a test case of the kind of political and institutional arrangements appropriate in an age of globalization. This paper explores three views of the EU. The two main positions that have hitherto confronted each other appeal to either cosmopolitan or communitarian values. Advocates of the former argue for some form of federal structure in Europe and are convinced that the sovereignty of the nation state belongs to the past. Proponents (...) of the latter make a case on both socio-political and normative grounds for a Europe of nations. However a third position, favoured by the authors, is gaining ground. This view combines cosmopolitan and communitarian conceptions. It emphasises the mixed nature of the European polity and conceives the constitutionalization process as open-ended. The paper concludes that from this perspective a bricoleur's Europe of ‘bits and pieces’may not necessarily lack justification and legitimacy. (shrink)
This symposium presents the work of the Italian legal philosopher, Ferrajoli, to the English speaking public. Ferrajoli’s work offers a reflection on law and the constitutional democratic state from a post-positivist perspective, applying the axiomatic method to the theory of law and democracy. Besides his systematic approach, Ferrajoli’s theory is remarkable for a number of original and interesting reflections that he offers on the relationship between normativity and facticity, and on how to reconcile foundamental rights and democracy. In both respects, (...) his work has similarities in scope, if not in approach and not always in substance, with that of Habermas. (shrink)
An increasing number of Italian scholars are beginning to share the idea that the conceptual basis of legal positivism (LP) is wrong, particularly in the field of Public Law. According to a group of theories called “neoconstitutionalism,” constitutionalism is to be understood not only as a principle based on the need to impose legal limits to political power, but also as an aggregation of values capable of continually remodelling legal relationships, positioning itself as a “pervasive” point of reference for legal (...) experience. A recent essay by Professor Antonio Baldassarre, President Emeritus of the Constitutional Italian Court, about the “misery of legal positivism” is a good expression of this view. In this article, the ideas outlined by Baldassarre are examined and criticized. The paper also tries to defend a version of legal positivism, which has both a conceptual and prescriptive meaning, relating to decisions made on the basis of rules. This view is based on the two correlated concepts of primary formalism and secondary formalism of “competence and procedure.”. (shrink)
Epitaphium Damonis, Milton's lament for his friend Charles Diodati, is usually described as most strongly indebted to Theocritus? idylls, to Virgil's eclogues, and to Ovid's lament for Tibullus. However, closer examination reveals that Milton was even more closely indebted to Neo-Latin poets such as Sannazaro, Buchanan, Castiglione, Mantuan, and Zanchi. Whereas there are lines in Epitaphium Damonis that resemble those in Virgil and Ovid, there are just as many that resemble those in Neo-Latin poets. Although a pastoral, the tone (...) and atmosphere of the epitaph resemble more its Renaissance contemporaries than its more distant Latin and Greek forebears. This is especially evident in the intimate tone Milton assumes in addressing Damon-Diodati and in the elaborate digression he incorporates into the poem when he confides to his dead friend his plans for a future epic on an Arthurian theme. Milton's attempt to wed a Christian sensibility to a classical form also signals his indebtedness to his Renaissance predecessors, who similarly used classical pastoral to express Christian consolation. (shrink)
