Contenuti per la categoria: Religione e diritto

SOMMARIO: 1. Introduzione: tre domande sulla difficile costruzione di una società pluralista. Dalla Costituente ai fatidici anni ’70 - 2. La fase applicativa delle norme costituzionali in materia di libertà religiosa: fra tentennamenti politici, violazioni della legalità costituzionale e complessità sociale - 3. La “governance” nelle relazioni tra sfera pubblica e fenomeno religioso - 4. Il “cantiere Europa”: le possibilità di una democrazia (in crisi) - 5. Conclusioni.

It ought to be necessary a new Italian governance for religious freedom

ABSTRACT: This work highlights, in a descriptive fashion, some of the critical aspects of the relationships between the State and religious groups in Italy. Concrete legal policy proposals are suggested, within the applicable constitutional framework, taking into account the changed social, cultural and religious context of the country.

SOMMARIO: 1. Premessa - 2. La circolare misteriosa - 3. Sulla presunta “forza normativa” di una circolare - 4. Vedere il proprio nome su una tomba: un problema “giuridicamente irrilevante”? - 5. Il sonno della ragione genera mostri.

 About the ‘scarlet letter’: A ‘legally irrelevant’ problem? Some considerations

ABSTRACT: The contribution, stimulated by a rebuttal article, delves into the issue of the unsolicited burial of foetuses; it reconstructs the research work on the Cattin Circular, which founds the moral duty of such burial. The Circular cannot be found at the Ministry of Health itself.

SOMMARIO: 1. Introduzione: per una transizione ecologica integrale - 2. La varietà dei modelli eco-culturali dei soggetti del pluralismo etico-religioso - 3. Le associazioni animaliste e lo stile di vita vegano - 4. Le comunità smart dell’economia collaborativa sostenibile - 5. Le imprese socialmente responsabili - 6. Le “società benefit” - 7. I domini collettivi e le cooperative di comunità nella gestione dei beni comuni - 8. La tutela dei siti naturali d’interesse culturale - 9. Le organizzazioni agresti di impegno sociale - 10. Il sostegno finanziario delle banche etiche allo sviluppo sostenibile - 11. Conclusione: un ulteriore impegno per l’ecclesiasticista.

Integral ecology and ethical-religious pluralism

ABSTRACT: The contribution intends to attest the interest for the scholar of ecclesiastical law for the phenomenon of ecological transition, in which some confessional bodies, as well as groups, associations and communities of people who are differently oriented from the ethical-cultural point of view, driven by a resilience movement induced by the social and environmental crisis, they are involved in various ways. They, in pursuing what Pope Francis defined, in the encyclical Laudato si', “integral ecology”, combine attention to the protection of creation and the expression of the personality of man, through the implementation of initiatives based on a new development model.

Sommario: 1. La perfezione del creato come epifania di Dio - 2. Lo sguardo laico e quello della Chiesa di fronte al disordine ecologico - 3. La creazione come atto di affidamento all’uomo - 4. Ineludibili implicazioni etico-giuridiche del munus di custodia. Dall’aversio alla conversio: rieducare alla responsabilità solidale - 5. Conclusioni.

 Aversio to Deo: the origin of ecological reflection in the papal magisterium from Leo XIII to Francis

ABSTRACT: This study aims to retrace some fundamental stages of the Social Doctrine of the Church in relation to the emergence of sensitivity on the issues of the environmental question which translates into the magisterium of the Popes, from Leo XIII onwards, with the ecological question understood in a broader sense. The key point is represented by the identification of man's responsibility for his aversion to Deo and the custody mandate that was entrusted to him by the creator. The solution can be found in the recovery of respect for the natural order and solidarity between creatures in the frame of human ecology.

SOMMARIO: 1. ‘E la mirabile coppia apparve’: prolegomeni allo studio dei rapporti tra gaming and religion ˗ 2. Una mappatura del campo di indagine dei Digital Religion Studies: gaming as religion, didactic digital games … ˗ 3. … religion in gaming: ovvero cattedrali, moschee, schiere di angeli e demoni nelle narrazioni videoludiche ˗ 4. ‘Gli amori difficili’: la problematica relazione tra gaming and religion ˗ 5. Il diritto sulla scena: gaming and religion con gli ‘occhiali del giurista’ ˗ 6. Un puzzle di norme diverse e contrastanti: una radiografia sulla libertà di panorama in Europa … ˗ 7. … e in Italia ˗ 8. Postille conclusive: spunti di riflessione de iure condendo.

Religious symbols and cultural heritage in videogames: intersections between gaming and religion, or two inescapably communicating destinies. New spaces for research and theoretical reflection

ABSTRACT: Within a multiple reading grid, this contribution aims first of all to focus on the theme of the migration of religious symbols outside their natural ecosystem, electing videogames among the many ‘profane’ and even 'pop' languages ​​of mass media society. Starting from the ancient marriage between games and religion, we will investigate the forms in which the religious material ˗ Christian and non ˗ is shaped within the world of videogames, trying to perimeter the field of investigation of that very particular line of research called Digital Religion Studies. Subsequently, starting from the famous case of Manchester cathedral, we will try to demonstrate the problematic nature of the relationship between gaming and religion. By shifting the wide angle to the field of law, the legal regime reserved for videogames will be elucidated, albeit skeletally, and then highlight how the classification systems of videogame contents do not protect the religious feeling of the faithful. The Manchester controversy will also provide an opportunity to investigate that labyrinthine plexus of provisions that governs the digital reproducibility of cultural heritage. It will end with some de jure condendo reflections on the regulation of religious data in videogames and on the subject of freedom of the panorama.

TABLE OF CONTENTS: 1. The coronavirus crisis: a tragedy and an opportunity - 2. Demanding governments’ accountability - 3. The conditions for legitimate restrictions on freedom of religion or belief - 4. The significance of equality and State’s neutrality for the protection of religious freedom - 5. Advantages of dialogue and cooperation between State and religion - 6. Support and doubts in the reaction of religious communities to governmental measures - 7. Final remarks.

ABASTRACT: This article explores peculiarities of the COVID-19 pandemic in comparison to other health crisis experienced in the past. Each character is thoroughly examined in the article. The article focuses on four thematic areas: the legal regulation of the fight against coronavirus; the equality of treatment of religious freedom in relation to other fundamental rights; the cooperation between the State and religious communities; and the reactions of religious communities to governmental measures. The article argues that rather than raising new questions, COVD-19 has forced us to deal with familiar questions under unprecedented circumstances. In this frame, time has played a central role as a factor to be taken into account to scrutinize the legitimacy of measures introducing severe limitations to fundamental rights and freedoms. Finally, the article claims that from a legal perspective, the experience of the past months reveals that, especially in times of crisis, we need a scrupulous respect for the requirements of the rule of law, including a strict accountability and transparency from governments, and putting especial emphasis on the protection of fundamental rights, among which is freedom of religion or belief.

TABLE OF CONTENTS: 1. Introduction - 2. The existing model of Coronavirus restrictions and its impact on freedom of religion - 3. Towards a new model of restriction - 4. Advantages of the new model of restrictions - 5. Safeguarding compliance with restrictions - 6. Conclusions.

ABSTRACT: The topic of the article is to evaluate legal measures aimed to stop the spread of the coronavirus that limited religious rights. The restrictions are assessed from the perspective of its effectiveness in preventing infection as well as its proportionality. The argument is that proportionality of the restrictions depends on their effectiveness, which in turn should be evaluated in the light of current pandemic situation, which includes vaccination level and scientific knowledge on coronavirus transmission. Consequently, two kinds of restrictions are distinguished: premises-oriented and activities-oriented. The former focuses mainly on the capacity of the church premises and not so much on the activity of the gathered, whereas the latter pays attention to the activates of the worshippers, including religious practices. Given the epidemiological effectiveness and the balance between protecting public health and religious freedom, activities-oriented restrictions are identified as a proper model of restrictions.

TABLE OF CONTENTS: 1. Premise - 2. Italy: the relevance of the possibility of satisfying religious feeling through the alternatives offered by computer tools - 3. Germany: the non-belonging of the public exercise of worship to the Wesensgehalt of the right to religious freedom - 4. France: the suspension of religious ceremonies as a “serious and manifestly unlawful interference” with religious freedom - 5. United States of America: the participation in religious services as the “heart of the First Amendment’s guarantee of religious liberty” - 6. Concluding remarks.

ABSTRACT: The purpose of this paper is to examine the position and the scope of the right to religious freedom in the case law of the national courts of some European and non-European countries, which are called upon to establish the legitimacy or otherwise of the balancing realized by the emergency regulation against Covid-19 between this interest and the equally important one of health. Such evaluations, essentially conducted by the judges using the principle of proportionality (as well as that of reasonableness), betray, in fact, in the phase of verification of the adequacy of the measure (so-called Verhälntismäßigkeit im engeren Sinne) the identification of the sphere of intangibility within the right, removed from further balancing. The systems taken into consideration for this purpose are the Italian, German, French and American ones, identified as significant expressions of different regimes of relations between the State and religious denominations, and, therefore, tending to a different overall attitude of the State towards religious experience.

TABLE OF CONTENTS: 1. Introduction - 2. The Protection of Religious Freedom within the Swedish Constitutional Framework - 3. Sweden as a sui generis Legal Order within Europe during the Pandemic and the Specificity of the Measures adopted to counter Covid-19 - 4. Religious Freedom in Sweden during the Covid-19 Pandemic. A Subordinated Protection based on a Trust-Oriented Response - 5. The Legal Culture of ‘Trust’ in the State as the Grounds for the ‘Respectful Collaboration’ of Religious Communities.

ABSTRACT: The Covid pandemic has an enormous impact on individual rights. This is true also for the freedom to manifest one’s religion and Sweden represents an exceptional case study because the strategies the Swedish Government has adopted to limit the spread of the virus are distinct from those adopted in other European countries. The article will first analyse Swedish constitutional provisions with reference to the protection of religious freedom. Second, the article will offer some examples concerning the distinguishing features of the measures adopted by the Swedish Government. Third, attention will be dedicated to the analysis of the conduct of the Church of Sweden and of other religious communities with regard to the governmental decisions to counter Covid-19. The main argument of this article is that the concept of ‘Trust’ can both justify the responses of the religious communities and be used in the broader perspective of the upcoming legislative reforms regarding religious communities.

TABLE OF CONTENTS: 1. Introduction - 2. The Italian constitutional framework and the principle of pactional bilaterality - 3. Restrictions on worship after the first phase of the pandemic - 4. The impact of the Protocols on the system of sources of Ecclesiastical law - 5. Conclusions. From bilateralism to “loyal cooperation”?

ABSTRACT: This contribution presents an investigation through the legal sources on which the restrictions on worship were imposed with the aim of verifying whether, and how, the normative management of the pandemic affected the bilateralism that characterizes relations between the State, the Catholic Church, and the various religious denominations. The main point of reference for the analysis will be the contents of the decree-laws, the Prime Ministerial Decrees (DPCM) and their annexes and the aim is to verify, in the context of the peculiar Italian ecclesiastical policy, the differences in treatment between the Catholic Church, religions with an agreement and religions without an agreement.