European integration has forced constitutional law scholars to abandon the perspective of methodological nationalism. Prior to the emergence of the interpretative problems raised by the intersection of domestic and European law, the dominant legal paradigm conceived of “constitution” and “state” as two inseparable terms. With the intensification of European integration and economic globalization, many different constitutionalist interpretations have emerged which all share a belief in the State's loss of centrality, such as post-, supra- and transnational constitutionalism, constitutionalism without the state and multilevel constitutionalism.
RIASSUNTOIl contributo discute l'ascesa degli studi sulla traduzione nel diritto comparato. La prima parte riassume i testi letterari classici che costituiscono le fonti di ispirazione per l'analisi giuridica contemporanea sulla traduzione, la seconda parte analizza i principali argomenti addotti da Ost nel suo libro Traduire, la terza parte avanza alcune proposte di ricerca per le future conessioni tra comparazione e traduzione nell'analisi giuridica europea. Il contributo sostiene che la svolta verso la traduzione dovrebbe essere accolto dai giuristi come una sfida per il perseguimento di una cultura costituzionale comune.
Parole chiave: comparazione; traduzione
ABSTRACTThe paper deals with the rise of translation studies in comparative law. The first part summarizes the classical literary texts which constitute the sources of inspiration for contemporary legal analysis on translation, the second part reviews the main arguments advanced by Ost in his book Traduire, the third part sketches some research proposals for the future implications between comparison and translation in European legal analysis. The paper argues that the translation turn should be welcomed by European jurists as a challenge for the pursuit of a common constitutional culture
This contribution focuses on an unfinished novel, Petrólio by Pier Paolo Pasolini to reflect on nature and images of power, as interpreted by one of the greatest Italian post-war intellectuals. The central thesis is that while the peasant and fascist society was based on the male command, on the normative force of tradition, the contemporary consumer society is based on female persuasion, on the push to conform and not to differentiate. However, while patriarchal authoritarianism allowed emancipatory rebellion, consumerist homologation was able to prevent forms of resistance by disseminating power in an infinite network of relationships, whose plot cannot be dissolved. The reading of Petrólio invites the jurist not to focus exclusively on the rational aspects of the rules and procedures that limit power, but also to devote herself to reflecting on the two dimensions of power, the discursive and the aesthetic.
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