he Special issue aims at discussing the crucial function of judgment within pluralistic orders. As it emerges from the remarks on the evolutive interpretation in the jurisprudence of the European Court of Human Righs (Carmela Panella), on some exemplary judgments (Alessio Lo Giudice, Silvia Niccolai, Angela Condello), on the performative and often problematic construction of a European political identity (Chiara Bottici e Benoît Challand), and on the broad sense of the art of judgment (Peter Goodrich and Brian Butler) – supranational orders, more than national orders, are intrinsically pluralistic, and, consequently, they are characterized by the problem of constructing a common identity. Juridical culture is discussed as the outcome of a relational discourse where the national and the supranational dimensions are co-essential. In the process of building a pluralistic identity, relational and flexible, an identity that has an institutional foundation, singular judgments seem to be more apt than laws: they possess, in fact, a dynamic nature and are structurally capable of grasping the contingent needs originating in specific conflicts.

Introduzione - Introduction

Condello, A.
2021-01-01

Abstract

he Special issue aims at discussing the crucial function of judgment within pluralistic orders. As it emerges from the remarks on the evolutive interpretation in the jurisprudence of the European Court of Human Righs (Carmela Panella), on some exemplary judgments (Alessio Lo Giudice, Silvia Niccolai, Angela Condello), on the performative and often problematic construction of a European political identity (Chiara Bottici e Benoît Challand), and on the broad sense of the art of judgment (Peter Goodrich and Brian Butler) – supranational orders, more than national orders, are intrinsically pluralistic, and, consequently, they are characterized by the problem of constructing a common identity. Juridical culture is discussed as the outcome of a relational discourse where the national and the supranational dimensions are co-essential. In the process of building a pluralistic identity, relational and flexible, an identity that has an institutional foundation, singular judgments seem to be more apt than laws: they possess, in fact, a dynamic nature and are structurally capable of grasping the contingent needs originating in specific conflicts.
2021
File in questo prodotto:
Non ci sono file associati a questo prodotto.
Pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/3217020
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact