SOMMAIRE: 1 - Introduction - 2. L’État et l’Église en Grèce. Le cadre constitutionnel - 3 - L’Église de Grèce comme institution de l’État grec - 4. Le discours constitutionnel de l’Église. Des éléments de constitutionnalisme populiste - Pluralisme constitutionnel et droits de la majorité - 6. Les droits en tant qu’identité - 7. Conclusion - Bibliographie.
ABSTRACT: The invocation of the people, the constitution and the rights occupies an important place in the public discourse of the Church of Greece. Its constitutional discourse exhibits two main characteristics. Firstly, it is a populist discourse. The church talks in the name of “its” people, which it identifies with the Greek nation, and as the voice of the people’s will against its rulers. Moreover, it is a rights-laden discourse. The church talks as the protector of the rights of the majority, which it identifies with the rights of its believers. Its constitutional discourse and practice shows that the church manages to exploit the institutions, achievements and discourses of modernity, if only for the promotion of apparently pre-modern ends: the preservation of its privileges against the other religions; the prolongation of its role in the public sphere; its reproduction as an ideological mechanism of the nation-state.
SOMMARIO: 1. Introduzione - 2. La lunga tradizione del diritto islamico - 2.1. La norma religiosa nelle impostazioni radicalizzanti - 3. La reazione dei legislatori e il ruolo dei giusdicenti. Brevi considerazioni sul caso degli USA - 3.1. Brevi considerazioni sul caso della Francia - 4. La reazione dei legislatori e il ruolo dei giusdicenti in Italia - 5. Conclusioni.
ABSTRACT: What is the real relationship between the existing forms of (religious) terrorism and Islam? And how do the Western constitutional democracies react in times of emergency and threats of so-called Islamic terrorism? The article tries to answer these questions, focusing the attention on specific issues, such as those referring to the Islamic tradition - and the relative legal system - and some national legal orders, like the USA, France and Italy.
SOMMARIO: 1. Premessa - 2. Considerazioni preliminari - 3. La fine del ‘vecchio mondo’ - 4. Universalità e identità - 5. Un nuovo protagonismo per i diritti religiosi? - 6. Per concludere.
Secularism and post-modernity: some American echos
ABSTRACT: The paper focuses on the works of six North American authors stemming from the conviction that the end of the ‘modern world’ is nigh and we are locked into the irreversible entropy of a secularism understood as a wall of separation between politics and religion. These convictions, together with a strong criticism towards legal positivism, imply the idea of the porousness of the borders between the sacred and profane, and a resulting reciprocal adjustment, an osmosis between the political and the religious spheres. In this paper, I would like to concentrate on the new approaches proposed by these authors and on the historical end epistemological connotations of the posited osmosis between the political and religious spheres.
SOMMARIO: 1. In forma di premessa - 2. L’immensa maggioranza degli spiriti - 3. Una forma particolare della speranza: religione e libertà tra dispotismo e repubblica - 4. Dal dogma teologico al dogma della maggioranza - 5. Quale religione? - 6. Contro la patologia del dubbio - 7. Polvere intellettuale: il metodo filosofico tra America ed Europa - 8. Chiesa e Stato tra America e Francia - 9. Democrazia e Cattolicesimo americano - 10. Una democrazia cristiana: Stato e Chiesa nell’ ‘ultimo’ Tocqueville.
“A salutary yoke on the intellect”: Religious Dogma and Political Freedom in Tocqueville’s Democracy in America.
ABSTRACT: The essay examines the relationship between religion and politics in Tocqueville's thinking, with particular attention to the synergy between Christianity and the development of democratic institutions, studied by the author in the United States. In the two volumes of Democracy in America, he observes that the doctrine of Christianity, subject to a process of popularization characteristic of American social dynamism, constitutes an essential connective tissue, through which the principle of equality permeates custom, law and institutions. This stabilization function finds a fundamental premise in the separation between spiritual and temporal sphere, which allows the former not to be bent to the conveniences of the second and, above all, not to be subjected to attacks which, as in the French Revolution, have confused and condemned it with its institutional form under the ancien régime. Such a circumstance, according to Tocqueville, has deprived society of the fundamental ethical background that unites it, neglecting above all the powerful egalitarian message that he identifies as a general character of Christianity and in particular of Catholicism, which he thinks even more appropriate to the democracy as the Protestant faith and which, by acting on custom, would enable the establishment and development of an indigenous democratic model also in France.