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Giorgio Pino
Diritti e Interpretazione
Il ragionamento giuridico nello Stato costituzionale

Il libro illustra con chiarezza gli effetti che la centralità del discorso dei diritti produce sull'argomentazione giuridica. Negli ordinamenti giuridici costituzionalizzati il giurista sembra aver definitivamente dismesso l'abito del mero esegeta dei testi di legge (ereditato dalla tradizione culturale del positivismo legalista ottocentesco), per assumere un ruolo attivo di promozione e attuazione dei diritti fondamentali e dei valori costituzionali. La centralità dei diritti fondamentali contribuisce a rimodulare i rapporti fra potere legislativo e potere giudiziario, talora anche in termini di concorrenza reciproca, e nelle corti trovano posto nuove tecniche argomentative che sembrano avvicinare il ragionamento giuridico al ragionamento morale, o alla decisione politica.

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Cass R. Sunstein
Going to Extremes: How Like Minds Unite and Divide

Anteprima limitata

Why do people become extremists? What makes people become so dismissive of opposing views? Why is political and cultural polarization so pervasive in America? Why do groups of teenagers, investors, and corporations take unnecessary risks? What leads groups to engage in such destructive acts as terrorism and ethic cleansing? In Going to Extremes, renowned legal scholar and best-selling author Cass Sunstein offers startling insights into why and when people gravitate toward extremism. Sunstein marshals an abundance of evidence that shows that when like-minded people talk to one another, they tend to become more extreme in their views than they were before. This point applies to such diverse groups as religious organizations, corporate boards, investment clubs, and White House officials. Sunstein introduces original research to show that when liberals are brought together to debate affirmative action, they end up more supportive of it, while conservatives brought together to discuss same-sex unions become skeptical about same-sex unions. In courtrooms, radio stations, and chatrooms, enclaves of like-minded people are breeding ground for extreme movements. Sunstein shows that a good way to create an extremist group, or a cult of any kind, is to separate members from the rest of society, either physically or psychologically. This disturbing finding casts new light on the dangers that arise whenever people self-select into niche groups of the like-minded. Sunstein's findings help to explain such diverse phenomena as political outrage on the Internet, unanticipated "blockbusters" in the film and music industry, the success of the disability rights movement, ethnic conflict in Iraq and former Yugoslavia, and Islamic terrorism. Providing a wealth of real-world examples--sometimes entertaining, sometimes alarming-- Sunstein offers a fresh explanation of why partisanship has become so bitter and debate so rancorous in America and abroad--and of what concrete steps citizens and nations might take to halt the drift towards unjustified extremism.

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Cass R. Sunstein
On Rumors: How Falsehoods Spread, Why We Believe Them, What Can Be Done

Many of us are being misled. Claiming to know the "pals" of presidential aspirants, dark secrets about public officials, and hidden causes of the current economic crisis, those who spread rumors know precisely what they are doing. They are sometimes able to derail political candidates, injure companies and reputations, even damage democratic governance. And in the era of the Internet, they know more about manipulating the mechanics of false rumors--social cascades, group polarization, and biased assimilation--than you do. They also know that the presumed correctives--publishing balanced information, issuing corrections, and trusting to the marketplace of ideas--do not always work. A pioneer in the effort "to design regulation around the ways people behave" ("The Wall Street Journal"), Cass R. Sunstein uses examples from the real world and from behavioral studies to explain why certain rumors spread like wildfire and what we can do to avoid being misled. Cass R. Sunstein is the Felix Frankfurter Professor of Law at Harvard Law School (on leave). His previous books include "Republic.com "and "Infotopia"; he coauthored "Nudge: Improving Decisions About Health, Wealth, and Happiness." People are being misled. Those who spread rumors know precisely what they are doing when they claim to know the "pals" of presidential aspirants, dark secrets about public officials, and hidden causes of the current economic crisis. They are sometimes able to derail political candidates, injure companies and reputations, even damage democratic governance. And in the era of the Internet, they know more about manipulating the mechanics of false rumors--social cascades, group polarization, and biased assimilation--than you do. They also know that the presumed correctives--publishing balanced information, issuing corrections, and trusting to the marketplace of ideas--do not always work. A pioneer in the effort "to design regulation around the ways people behave" ("The Wall Street Journal"), Cass R. Sunstein uses examples from the real world and from behavioral studies to explain why certain rumors spread like wildfire and what we can do to avoid being misled.
"Cass Sunstein has written a crisp, provocative book on a worrying problem--the susceptibility of our electronified society to base rumors. He convincingly shows that the constitutional marketplace of ideas does not solve the problem."--Anthony Lewis "It often seems that rumors are the one element that can travel faster than the speed of light. In "On Rumors," Cass Sunstein helps us understand their incredible appeal, their power, and their dangers. A fun-tastic book."--Dan Ariely, James B. Duke Professor of Behavioral Economics, Duke University, and author of "Predictably Irrational ""What Sunstein says matters. Co-author of the bestseller Nudge, he's also Obama's nomination for U.S. regulation tsar. Going by this book, he'll make a fierce watchdog."--Aditya Chakrabortty, "The Guardian ""Truth doesn't always win in the marketplace of ideas. Lies spread too. Cass Sunstein explains why and he outlines what, in a world of Facebook, tabloids, and blogs, we ought to do about it."--Chip Heath, author of "Made to Stick: Why Some Ideas Survive and Others Die ""One of the main takeaways of Sunstein's book is that trying to correct misinformation-based rumors with the truth is often ineffectual, or worse, counterproductive. The act of repeating the lie reinforces it in the minds of the polarized."--Evan Lerner, "Seed"

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Cass R. Sunstein
The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More Than Ever

In 1944, Franklin Delano Roosevelt gave a State of the Union Address that was arguably the greatest political speech of the twentieth century. In it, Roosevelt grappled with the definition of security in a democracy, concluding that "unless there is security here at home, there cannot be lasting peace in the world." To help ensure that security, he proposed a "Second Bill of Rights" -- economic rights that he saw as necessary to political freedom. Many of the great legislative achievements of the past sixty years stem from Roosevelt's vision. Using this speech as a launching point, Cass R. Sunstein shows how these rights are vital to the continuing security of our nation. This is an ambitious, sweeping book that argues for a new vision of FDR, of constitutional history, and our current political scene.

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Lonnie Athens
Jeffery T. Ulmer
Violent acts and violentization: assessing, applying, and developing Lonnie Athens' Theories

(anteprima limitata)

Athens, who is both a criminologist and sociologist, opens the volume with a restatement of his violentization thesis, which Richard Rhodes made famous in his highly claimed book, Why They Kill: The Discoveries of a Maverick Criminologist. Contributors to this volume extend and test the theory of violentization in the contexts of child abuse, clinical psychology, corrections, soldiers in wartime, and the Holocaust. In this volume, Lonnie Athens work on violence is applied, assessed, and extended by scholars from a wide variety of fields, including clinical psychology, criminology, history, psychiatry, and sociology. The contributions subject the theory of violentization to both qualitative and quantitative analyses. Finally, sociologists Jeffrey Ulmer, Jay Meehan, and David Maines situate Athens work in criminology and sociology, providing crucial insights into its contribution to the theory and methods used in these two fields Contents: Preface (J.T. Ulmer); Violentization in larger context (L. Athens); Recipe for violence (M.P. Dumont); One mans story: how I became a "disorganized" dangerous violent criminal (L. Athens, R. Starr); The great cerebroscope controversy (R. Restak); Violent socialization and the SS-Einsatzgruppen (R. Rhodes); The short course for murder: how soldiers and criminals learn to kill (J. Sanborn); The violent socialization scale: development and initial validation (G. Rhodes et al.); From violent juvenile offenders to dangerous violent criminals: a test of Athens theory (G.R. Jarjoura, R. Triplett); Afterword: where does violentization go from here? (J.T. Ulmer).

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Giulio Itzcovich
Teorie e ideologie del diritto comunitario

Negli anni Sessanta e Settanta del Novecento, la Corte di giustizia delle Comunità europee promuove un eccezionale approfondimento dell'integrazione giuridica europea. La trasformazione dei Trattati in documenti quasi-costituzionali a opera della giurisprudenza della Corte alimenta un ampio dibattito dottrinale, in cui si incontrano, e si scontrano, teorie e ideologie. Da una parte, la dottrina tradizionale, la dogmatica "scientifica" del positivismo giuridico novecentesco. Dall'altra, una dottrina giuridica di nuovo tipo: quella dei pratici, dei funzionari delle Comunità europee, dei militanti federalisti, che costringono la dottrina accademica a una radicale trasformazione del suo discorso. Il libro analizza questa vicenda, con particolare riguardo all'esperienza italiana, per far emergere alcune tendenze del discorso giuridico sull'Europa. Le forme consuete dell'argomentazione in diritto pubblico si modificano, ed emerge l'esigenza di esplicitare i principi sostanziali coinvolti nell'attività giurisdizionale e dottrinale. Dalla dogmatica del positivismo giuridico si passa alle retoriche del neocostituzionalismo; dalle ricostruzioni dei rapporti fra ordinamenti giuridici sovrani, al bilanciamento fra principi costituzionali. L'integrazione giuridica europea mette in discussione le distinzioni fra interno ed esterno all'ordinamento giuridico statale, fra giuridico ed extragiuridico, fra teoria e ideologia.

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Riccardo Guastini
Nuovi studi sull'interpretazione

Il volume raccoglie nove studi sull'interpretazione giuridica. Alcuni di essi illustrano i problemi caratteristici dell'interpretazione dei testi normativi e analizzano talune ideologie e tecniche interpretative diffuse nella pratica dei giuristi, disegnando così le linee fondamentali di una teoria generale dell'interpretazione di orientamento realistico. Altri sono dedicati alla critica delle concezioni formalistiche rivali. Un capitolo, in particolare, analizza il concetto di principio e i peculiari problemi di applicazione (concretizzazione e bilanciamento) propri dei principi costituzionali. Un altro vuole mostrare la complessità dell'interpretazione costituzionale prendendo ad esempio una clausola particolarmente problematica della costituzione vigente (quella relativi ai diritti inviolabili).

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Tom Christensen - Per Lægreid
Autonomy and regulation:
Coping with agencies in the modern state

(Anteprima limitata)

This book focuses on regulatory reforms and the autonomization and agencification of public sector organizations across Europe, Canada, New Zealand and Australia. The central argument of the book is that regulation and agencification occur and perform in tandem. Comparative analysis on the processes, effects and implications of regulatory reform and the establishment of semi-independent agencies are undertaken, and the practice of trade-offs between political control and agency autonomy is explored. The contributors also discuss the challenges of fragmentation, coordination, `joined-up' government and other government initiatives in the aftermath of the New Public Management movement and its focus on agencification. Finally, the complexity of deregulation/re-regulation, new emergent forms of regulation, control and auditing as well as reassertion of the centre are examined. Until now, there has been little attempt to link the study on regulation and regulatory reforms with that of autonomous central agencies. In this book the two fields are brought together. Autonomy and Regulation will find its audience amongst scholars and researchers working in the areas of political science, public administration and public management, organization theory, institutional analyses and comparative administration. It will also appeal to scholars and those directly involved in public sector and regulatory reforms including politicians and managers.

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Dietmar Braun - Fabrizio Gilardi

Delegation in contemporary democracies

(Anteprima limitata)

Delegation is a ubiquitous social phenomenon linked to the growing differentiation of modern societies. Delegation is one of several different modes of organisation that exist to make collective action successful, but has been overlooked and under researched. Using a rational choice institutional analysis and principal agent models, this book brings literature on delegation to bureaucracy, electorate to legislature to government within representative democracy together with literature on new forms of delegation such as non-majoritarian institutions, to provide a more complete and synthetic analysis of delegation in political systems. With a broad and comparative approach, this will be an important volume for advanced students, researchers and professionals concerned with delegation in the areas of public policy, public administration and democratic theory.

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Fabrizio Gilardi
Delegation in the Regulatory State
Independent Regulatory Agencies in Western Europe

(Anteprima limitata)

'When scholars and practitioners want to understand regulation in Europe, this book should be the first place they will turn. Combining innovative data, smart statistical analysis, and an in-depth knowledge of regulatory agencies and processes across a wide range of countries, Gilardi has produced an essential study of regulation and a stellar piece of scholarship.' - Charles Shipan, University of Michigan, US 'This is a crucial, important book for the study of independent regulatory agencies, an increasingly prevalent institution at the heart of the governance of markets. Gilardi offers an excellent quantitative analysis of the spread of such agencies. He presents a remarkable dataset and rigourously tests different explanations. His coverage is wide and his methods are first class. His conclusions will interest all scholars who work on the regulatory state.' - Mark Thatcher, London School of Economics, UK 'Regulatory agencies are an important aspect of the contemporary regulatory state. Drawing on an extensive body of comparative analysis, Fabrizio Gilardi's book provides a serious contribution that moves the literature forward. This book deserves to be considered carefully.' - Martin Lodge, London School of Economics, UK 'Fabrizio Gilardi's book is empirical political science of the regulatory state at its best. It has data of transnational breadth and depth that is diagnosed in a theoretically sophisticated way. The conclusion is that policymakers delegate in order to tighten the credibility of policy commitments and to tie the hands of future ministers who may have different preferences. This will become a building block for future scholarship on regulation and governance.' - John Braithwaite, Australian National University During the past 25 years, independent regulatory agencies have become widespread institutions for regulatory governance. This book studies how they have diffused across Europe and compares their formal independence in 17 countries and seven sectors. Through a series of quantitative analyses, it finds that governments tend to be more prone to delegate powers to independent regulators when they need to increase the credibility of their regulatory commitments and when they attempt to tie the hands of their successors. The institutional context also matters: political institutions that make policy change more difficult are functional equivalents of delegation. In addition to these factors, emulation has driven the diffusion of independent regulators, which have become socially valued institutions that help policymakers legitimize their actions, and may even have become taken for granted as the appropriate way to organize regulatory policies. Providing a broad comparison of independent regulatory agencies in Europe, Delegation in the Regulatory State will be of great interest to researchers and students in political science, public policy, and public administration.

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Christopher Hood,Henry Rothstein,Robert Baldwin
The government of risk
understanding risk regulation regimes

(Anteprima limitata)

Why does regulation vary so dramatically from one area to another? Why are vast sums spent on controlling some risks but not on others? Is there any logic to the techniques we use in risk regulation? In this work, Hood explores these crucial questions explored. It looks at a number of risk regulations' regimes, considers the respects in which they differ, and examines how these differences can be justified.

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Mark Thatcher

Alec Stone Sweet

The Politics of Delegation

(Anteprima limitata)

There is a growing interest in delegation to non-majoritarian institutions in Europe, following both the spread of principal-agent theory in political science and law and increasing delegation in practice. During the 1980s and 1990s, governments and parliaments in West European nations have delegated powers and functions to non-majoritarian bodies - the EU, independent central banks, constitutional courts and independent regulatory agencies. Whereas elected policymakers had been increasing their roles over several decades, delegation involves a remarkable reversal or at least transformation of their position. This volume examines key issues about the politics of delegation: how and why delegation has taken place; the institutional design of delegation to non-majoritarian institutions; the consequences of delegation to non-majoritarian institutions; the legitimacy of non-majoritarian institutions. The book addresses these questions both theoretically and empirically, looking at central areas of political life - central banking, the EU, the increasing role of courts and the establishment and impacts of independent regulatory agencies.

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Brian Levy
Pablo T. Spiller
Regulations, Institutions, and Commitment
Comparative Studies of Telecommunications

(anteprima limitata)

The book assesses the impact of core political and social institutions on regulatory structures and performance in the telecommunications industry in Jamaica, the United Kingdom, Chile, Argentina, and the Philippines. These core institutions are shown to influence strongly the credibility and effectiveness of regulation, and thus its ability to encourage private investment and support efficiency. Currently, privatization and regulatory reform are often viewed as the solution to the problem of poor performance by telecommunications and other public utilities. This volume argues that these high expectations may not always be met because of the way a countryās political and social institutions - its executive, legislative and judicial systems, its informal norms of public behaviour - interact with regulatory processes and economic conditions. In some environments, regulatory solutions run counter to the prevailing wisdom: achieving credible commitment may require an inflexible regulatory regime, and sometimes public ownership of utilities may be the only feasible alternative.

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Jacint Jordana - David Levi-Faur
The Politics of Regulation
Institutions and Regulatory Reforms for the Age of Governance

(Anteprima limitata)

This book, now available in paperback, suggests that the scope and breadth of regulatory reforms since the mid-1980s and particularly during the 1990s, are so striking that they necessitate a reappraisal of current approaches to the study of the politics of regulation. The authors call for the adoption of different and fresh perspectives to examine this area. The contributors to this volume analyze how regulatory regimes that were once peculiar to the US and a few industries have, in recent years, come to define the best practice of governance over the world capitalist economy and over numerous social and economic sectors. They go on to suggest various explanations for the expansion of regulatory institutions, addressing some of the most critical problems and offering new methodological techniques to enable further study. The contributions also provide distinct cross-national and cross-sectoral comparative approaches, and emphasize the changes in the economic and social context of regulation and the implications of these developments on the rise of the regulatory state. These changes, together with the general advance in the study of regulation, undoubtedly demand a re-evaluation of the theory of regulation, its methodologies and scope of application. This book is a perceptive investigation of recent evolutions in the manner and extent of governance through regulation. Scholars and students of comparative politics, public policy, regulation theory, institutional economics and political sociology will find it to be essential reading. It will also prove a valuable source of reference for those working or dealing with regulatory authorities and for business managers in private industries and services operating under a regulatory framework.

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David Coen and Adrienne Heritier
Refining Regulatory Regimes
Utilities in Europe

(Anteprima limitata)

Regulation is on the rise across the world as the state steps back from public ownership. However, as the authors highlight, the style of political delegation to regulatory authorities has not followed a uniform trajectory but rather institutional endowments, administrative traditions, market structure and business culture have all influenced the creation of regulatory authorities and implementation styles. Noting these variances, the focus of this book is to consider the impact of liberalisation and the introduction of new regulatory structures on three utility sectors; telecommunications, energy and the railways, using Germany and the UK as case studies.

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Damien Geradin
Rodolphe Munoz
Nicolas Petit
Regulation through Agencies in the EU
A New Paradigm of European Governance

(anteprima limitata)

The past decade has witnessed a proliferation of regulatory agencies at both the national and the EU level. This coherent and clearly structured book is the first of its kind to analyse in equal measure, and interdependently, both national regulatory authorities and European agencies. It brings together a select group of highly esteemed contributors - authorities in their fields - to provide a systematic and over-arching view of regulation in the EU. Unlike many of the previous attempts to shed light on this increasingly opaque and complex co-existence of regulatory systems, this book takes a genuinely multi-disciplinary approach with integrated perspectives from law, politics and economics.

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Julia Black
Martin Lodge
Mark Thatcher
Regulatory innovation
a comparative analysis (anteprima limitata)

Much hype has been generated about the importance of innovation for public and private sector organisations. Regulatory Innovation offers the first detailed study of regulatory innovation in a multiplicity of countries and domains. This book draws on in-depth studies of innovation in regulatory instruments and practices across high- and low-technology sectors, across different countries and from the early to the late 20th century. Highlighting different 'worlds' of regulatory innovation - those of the individual, the organization, the state, the global polity, and innovation itself, this book offers a fresh perspective and valuable insights for the practice and study of regulatory innovation. The explicit comparative focus of the case studies and the 'worlds of regulatory innovation' approach make this book essential reading for academic researchers and students interested in regulation.

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Claudio M. Radaelli
Fabrizio De Francesco
Regulatory quality in Europe
Concepts, measures and policy processes

The European Union and its member states are investing in ambitious programmes for ‘better regulation’ and targets of regulatory quality. This book lifts the veil of excessively optimistic propositions covering the whole better regulation agenda. It provides an innovative conceptual framework to handle the political complexity of regulatory governance. It approaches better regulation as an emerging public policy, with its own political context, actors, problems, rules of interaction, instruments, activities and impacts.

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Robert Baldwin

Martin Cave

Understanding Regulation

Theory, Strategy and Practice (anteprima limitata)

The way in which regulation works is a key concern of industries, consumers, citizens, and governments alike. Understanding Regulation takes the reader through the central issues of regulation and discusses these from a number of disciplinary perspectives. This book is written by a lawyer and an economist, but looks also towards business, political science, sociology, social administration, anthropology, and other disciplines. The fundamental strategies, institutions, and explanations of regulation are reviewed and the means of identifying 'good' regulation are outlined. Individual chapters look at such topics as self-regulation, the regulation of risks, the cost-benefit testing of regulation, the importance of enforcement, and the challenge of regulating within Europe. The book's second part considers a series of issues of particular concern in modern utilities regulation, including the use of RPI-X price caps, the control of service quality, franchising techniques and ways of measuring regulatory performance. Questions of accountability and procedure are then examined and recent public debates on regulatory reform are reviewed. A central argument of Understanding Regulation is that regulation inevitably gives rise to political contention but that persons of different political persuasion can nevertheless converse sensibly on the search for better regulation.

Evento

Università degli Studi di Palermo

Polo Territoriale Universitario della Provincia di Trapani

NOMOS - Accademia di Studi ed Alta Formazione

Invito al Convegno su:

L'APPLICAZIONE DEL FEDERALISMO FISCALE IN SICILIA:

LUCI ED OMBRA

17 MARZO 2010 ORE 10,00

Palazzo della Vicaria

Via San Francesco d'Assisi, 45

Trapani

Intervengono:

Prof. Mario Centorrino

Prof. Avv. Victor Uckmar

Prof. Avv. Salvatore Sammartino

Prof. Giuseppe Verde

Prof.ssa Daria Coppa

Prof. Avv. Roberto Pignatone

Moderatore: Prof. Avv. Agostino Ennio La scala