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.Pubblicazioni consigliate
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