Luciano Eusebi

This essay takes account of the draft law aimed at tightening up the punishment for crimes committed on grounds of the victim’s sexual orientation or disability. In addition, it introduces a new hate crime for these reasons, extending to the above scope the offenses concerning discrimination on ‘racial, ethnic, or religious’ grounds. As known, this draft law wasn’t approved by the Italian senate...

The paper focuses on the principle of legality, exploring the correlation between the state power and the law as well as the real function of the penal law, not merely oriented to convicting...

La classica immagine legata alla giustizia è quella della bilancia, che rimanda al concetto di corrispettività dei comportamenti. In questo volume Eusebi critica questo approccio per far emergere il concetto di giustizia riparativa.

Il testo riflette su esperienze femminili di risposta al male secondo logiche alternative al male, in conformità al profilo femminile dell’accompagnamento di ogni nuova vita alla vita.

Il volume raccoglie interventi che provengono da competenze diverse (biologia, medicina, filosofia, diritto, bioetica), miranti a evidenziare nodi problematici e a formulare proposte per fini di regolamentazione etica e giuridica.

Le manifestazioni della volizione sono macroscopiche

The essay is inspired by the volume of Mario Pisani, mentioned in the title of this contribution, that retraces the insertion of Cesare Beccaria’s masterpiece – On Crimes and Punishments – into the Index of Forbidden Books, due to the selection of the appointed Ecclesiastic Congregation. Specific attention is recalled by the recent identification of some related documents and, in particular, of the votum, written by Fr. Lazeri SJ, according to which the decision was taken on February 3, 1766. The paper examines Fr. Lazeri’s three argumentations that were not directly related to the theme of the humanization of criminal sanctions and to the issue of death penalty. Rather, these nuclei of reasoning took into consideration Beccaria’s work as an utilization of references ascribable to the Protestant cultural environment, as the evidence of the discontinuity of the philosopher’s proposals with the practice accepted by the Catholic Church, with particular attention to some marginal observations present in the work that were regarded as reprehensible. On this basis, the Author of the this essay analyzes, for comparison, the position expressed on death penalty in the Catechism of the Catholic Church, specifically in the Editio Typica (1997). On this subject, it is deemed that such a position considers extinct nowadays the conditions that may in theory, according to text no. 2267, allow the use of death penalty as a self-defense case. Indeed, it is upheld that the death penalty has nothing to do with self-defense that pertains to the contrast to an underway offensive conduct. The conclusion is the expectancy, also given various positions in favor of the abolition of death penalty expressed by the last pops and bishops, that the text of the Catechism could evolve toward the strict affirmation of the inadmissibility, also in principle, of the capital punishment. This would sound also in accordance with the theological reflection of the past few decades on the restorative and redeeming meaning of justice in the biblical perspective.