66 research outputs found
Epikeia e legge naturale in Francisco Suárez
This paper is to account for the fundamental contribution offered by Francisco Suárez, with his De Legibus ac Deo legislatore, in tracing the clear conceptual and operative boundaries of epikeia. In fact, three merits must be recognized to the philosopher: given a clear systematic framing of the epikeia in the interpretation of the law; awarded to epikeia, through a careful work of conceptual clarification, dignity of an autonomous legal institute with respect to similar figures with which other scholars before him easily confused; studied with methodological rigor the different operation of the institute with respect to human law and natural law. In relation to human law, Suárez identifies the three general cases in which it is possible and lawful to make use of epikeia. The theme of the application of epikeia to natural law, however, is so important for the philosopher of Grenade to be object of an autonomous discussion in Chapter XVI of Book II of the work cited. The solution proposed by Suárez relating to the relationships between epikeia and natural law, as will be seen, is different from the ones proposed by other illustrious authors who preceded him, first of all Thomas Aquinas
Quotients of the Highwater algebra and its cover
Primitive axial algebras of Monster type are a class of non-associative algebras with a strong link to finite (especially simple) groups. The motivating example is the Griess algebra, with the Monster as its automorphism group. A crucial step towards the understanding of such algebras is the explicit description of the 2-generated symmetric objects. Recent work of Yabe, and Franchi and Mainardis shows that any such algebra is either explicitly known, or is a quotient of the infinite-dimensional Highwater algebra, or its characteristic 5 cover.
In this paper, we complete the classification of symmetric axial algebras of Monster type by determining the quotients of those two algebras. We proceed in a unified way, by defining a cover of the Highwater algebra in all characteristics. This cover has a previously unseen fusion law and provides an insight into why the Highwater algebra has a cover which is of Monster type only in characteristic 5
L’autonomia normativa e giurisdizionale delle confessioni religiose nel sistema degli statuti personali in Libano
A case in point to study the competition of different institutions in the production
of the right people is represented by Lebanon which applies the so-called system of personal
statutes. This system is characterized by the fact that, with regard to certain legal relations
(essentially marriage, divorce, filiation and inheritance law), the law is not applied on a territorial
basis, but on a personal basis, in this case based on membership of individuals to one of the
religious communities recognized by the legislator. The latter benefit from a legislative and
jurisdictional monopoly in relation to the discipline of the personal status of its faithful. This
involves, on the one hand, a legal pluralism, in the sense that the law applicable to the legal
relationship in question is not identical for all citizens but differs on the basis of their religious
beliefs and, on the other hand, a judicial pluralism in the sense that disputes involving such
relationships are not decided by state courts but by ecclesiastical courts. The purpose of this contribution is, therefore, that highlight the characteristics and limitations of the lebanese system
that is unique among the Arab States of the Middle East
I tribunali ecclesiastici nell’Inghilterra medievale
Il contributo affronta il tema della struttura e dell’ampiezza della giurisdizione dei
tribunali della Chiesa cattolica operanti nell’Inghilterra medievale prima del verificarsi
dello Scisma Anglicano. La conquista normanna si colloca nel periodo storico considerato
come uno spartiacque per lo sviluppo delle istituzioni giudiziarie inglesi. È a partire da
questo periodo storico che si delinea la formale distinzione tra tribunali civili e i tribunali
ecclesiastici (non prevista in epoca anglosassone) e nasce un sistema articolato e rigidamente
strutturato in forma gerarchica di corti ecclesiastiche le quali eserciteranno, fino
al XVI secolo, una giurisdizione molto più ampia di quella esercitata dalle stesse corti
sul Continente estendendosi ratione spiritualibus anche in temporalibus rebus investendo
tanto le controversie tra chierici quanto quelle tra laici. Questo stato di cose ha portato il
diritto canonico applicato dai tribunali ecclesiastici ad essere un indiscusso protagonista
nella formazione di singoli istituti caratterizzanti l’odierno diritto anglosassone e, più in
generale, nello sviluppo dell’intero sistema giuridico inglese
Pluralismo religioso e multiculturalismo nell\u2019Impero ottomano: il sistema dei millet
A particular pre-modern form of management of multiculturalism and religious pluralism is represented by the Ottoman Empire which, despite being a confessional State that welcomed Islam as a state religion, recognized to the members of the other two monotheistic religions, Judaism and Christianity, the freedom to profess one\u2019s religious faith freely and to establish oneself in separate enclaves with broad spheres of self-government. In fact, each religious community exercised genuine legislative and jurisdictional autonomy in certain well-defined areas of public and private law. The Ottoman Sultans, far from pursuing the forced conversion of all subjects to the Islamic religion, see in the religious factor and in the multi-confessional nature of the Empire an organizational principle of State power and an instrument for preserving the stability of the State. It is the millet system founded on the institute of divine law of the dhimma. After providing some historical coordinates about the origins of the system, this contribution describes its fundamentals and functioning
Non-abelian sharp permutation -groups
AbstractA permutation group G of finite degree n is a sharp irredundant group of type {k}, k a positive integer, if each non-identity element of G fixes exactly k points, |G|=n−k and G has no global fixed point and no regular orbit. In this note we give a method to construct all faithful representations of finite abelian groups as sharp irredundant permutation groups of type {k} for some positive integer k
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