INdICe deL voLuMe CCXXXI - 2011 Fascicolo 1 fondamenti del diritto europeo Giuseppe Dalla Torre Sviluppi storici

della deontologia forense ................................5 miscellanea Ferrando Mantovani autodeterminazione e diritto penale .....................................33 Clelia Piperno La costituzionalizzazione degli enti locali .............................57 Bibliografia recensioni..............................................................................115 abstracts................................................................................119

archivio giuridico volume ccXXXi Fascicolo 1-2011

abstracts
giuseppe dalla Torre the historical developments of legal ethics
having highlighted how legal deontology in canon law has come about over the centuries, through the collection of materials coming from different sources, both religious and secular, the author attempts to give a periodisation of this, outlining the salient data of each historical period identified. The ancient age appears to be characterised by the merging of different contributions of thought: Judaic, greek-roman, christian. In the Middle Ages, thanks to the contribution by the universities on the one hand and the pontifical legislator on the other, the formation process of a canon law deontology has already come a long way. The modern age seems to be dominated by the question of the importance of the thought of the probati auctores. Lastly, the modern age sees the divorce between the canon law and civil law deontology, with the spreading of a positivistic concept which confuses deontological codes and deontology. It is also the age of the birth of legal ethics in the Anglo-Saxon world. The conclusions highlight the common responsibility of judges and lawyers in pursuing justice.

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Abstracts

Ferrando Mantovani self-determination and criminal law

Self-determination is a problem of reach and limits rather than of legitimacy which, according to the personalist logic of relative self-determination, are constituted by: the limit of the non-right to suicide, since this constitutes a juridically tolerated act, not punishable for reasons of expediency; 2) the limit of active consensual euthanasia, since solid in principle arguments are opposed to it, of a practical nature, of expediency, of criminal law. Pure euthanasia on the other hand is licit, or that is, the help to not die, but in dying through palliative care, while passive consensual euthanasia (the refusal of treatment) creates a problem of a practical nature rather than of legitimacy, since it needs a series of requisites for validity, not easily verifiable in the terminally ill; 3) the limits of the living will, constituted by strict requisites for validity as guarantee of the respect of the subjects real will. Requisites, not verifiable in a recent and well-known case of persistent vegetative state, for the interruption of artificial nutrition and hydration, with the consequent configurability of the crime of premeditated murder.

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Clelia Piperno the constitutionalization of local bodies

The constitutionalization of local authorities was introduced by constitutional amendment of the law the Loggia. This law was approved after a difficult and arduous process of growing recognition of the autonomy statute, which began with the Law 142, 1990. Prior to this legislation, the adoption of these legal sources was confined to certain areas hard in the Act of 1915 and 1934. Although some scholars have found in articles 5 and 128 of the constitution on the basis of this power, the republican experience such acts have played a role as a mere implementation of rules to rank the primary or secondary level , however, raised by other statutory authority of the legal source. Nowadays, local authorities juridical is an explicit recognition in the Constitution, where Article 114, paragraph 2, in addition to identifying regions, including municipalities, provinces and metropolitan cities, as autonomous entities with their own statutes, powers and functions according to the principles laid down by Constitution. Then the local state must be in harmony with the constitution and the general public principles in the administrative local organization

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