Athena – Critical Inquiries in Law, Philosophy and Globalization https://athena.unibo.it/ <p><strong>Athena <span class="foot-title">–</span> Critical Inquiries in Law, Philosophy and Globalization – ISSN <span class="foot-title">2724-6299</span></strong> is an open access and double blind peer-review scholarly journal that sets out to analyse the problems relating to the legal, political, and social changes attendant on globalization, proposing to provide these problems with theoretical answers. It is published by the CIRSFID- AI.</p> en-US <p>Copyrights and publishing rights of all the texts on this journal belong to the respective authors without restrictions.</p><div><a href="http://creativecommons.org/licenses/by/4.0/" rel="license"><img src="https://i.creativecommons.org/l/by/4.0/88x31.png" alt="Creative Commons License" /></a></div><p>This journal is licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a> (<a href="http://creativecommons.org/licenses/by/4.0/legalcode">full legal code</a>). <br /> See also our <a href="/about/editorialPolicies#openAccessPolicy">Open Access Policy</a>.</p> athena@unibo.it (Editorial Office) ojs@unibo.it (OJS Support) Mon, 01 Mar 2021 00:00:00 +0100 OJS 3.2.1.4 http://blogs.law.harvard.edu/tech/rss 60 Foreword https://athena.unibo.it/article/view/12469 Alberto Artosi, Giorgio Bongiovanni, Gustavo Gozzi Copyright (c) 2021 Alberto Artosi, Giorgio Bongiovanni, Gustavo Gozzi https://creativecommons.org/licenses/by/4.0 https://athena.unibo.it/article/view/12469 Mon, 01 Mar 2021 00:00:00 +0100 Political Sovereignty and Its Enemies https://athena.unibo.it/article/view/12472 <p>The aim of the essay is to discuss the concept and the value of political sovereignty and those to describe its enemies. According to the theorists of the modern state, two concurring aspects identify political sovereignty: a process of institutionalization of political power; a popular decision to recognize political sovereign. A similar concept of political sovereignty is challenged by otherforms of power, which the Author defines the “economical sovereignty” and the “sovereignty of the bios.” After analyzing the characteristics of these different forms of individual power, the Author reveals the common fate of economical sovereignty and the sovereignty ofthe bios. A community of individuals founded on the economical sovereignty and sovereignty of the bios erases political sovereignty and supports the dominion of téchne(techno-science)over politics (Technocracy).</p> Andrea Morrone Copyright (c) 2021 Andrea Morrone https://creativecommons.org/licenses/by/4.0 https://athena.unibo.it/article/view/12472 Mon, 01 Mar 2021 00:00:00 +0100 Walled Borders, Territoriality and Sovereignty: A Typology https://athena.unibo.it/article/view/12473 <p>Legal scholarship has so far paid little attention to the concept of border, which is one of the reasons for the lack of clarity regarding the characteristics of public borders at the present time. This paper aims to contribute to fill this gap by looking at an apparently eccentric phenomenon regarding the contemporary transformation of state borders: the so-called border walls. At a first sight, border walls seem to reiterate the traditional functions of state borders. But their rising up as physical uncrossable barriers signifies a strong change in their function and institutional nature. In the light of this, a question arises: Does the proliferation of border walls simply indicate a revival of the territorial sovereignty of the states, or is it a phenomenon with quite different characteristics? To answer this question the paper proceeds by first considering the distinctive features of modern public borders from a historical and theoretical point of view, and then distinguishing different types of border walls on the basis of their functional characteristics. This will help clarify whether border walls are an eccentric phenomenon compared to traditional state borders, and whether the analysis of their features leads us to reframe the traditional concept of state border.</p> Damiano Canale Copyright (c) 2021 Damiano Canale https://creativecommons.org/licenses/by/4.0 https://athena.unibo.it/article/view/12473 Mon, 01 Mar 2021 00:00:00 +0100 From Constitutional Pluralism to Global Law: Reading Neil Walker’s Postmodern Constitutionalism https://athena.unibo.it/article/view/12474 <p>Neil Walker, one of the foremost constitutional theorists of our time, is perhaps best known for his work on constitutional pluralism and global constitutionalism. Having first pioneered the study of constitutional pluralism in the context of the European Union, and developed epistemic constitutional pluralism, Walker has since extrapolated these ideas onto the global plane. What are the key arguments Walker has made regarding constitutional pluralism and global constitutionalism, and how are we to understand this body of work? This article attempts to answer this question by way of reading Walker’s work in light of philosophy, sociology and critical theory. Parallels are drawn especially with the ideas of functional differentiation and governmentality, but also other ideas prevalent in postmodern scholarship. This article concludes by highlighting the similarities between Walker’s constitutional pluralism and Michel Foucault’s governmentality, and by proposing to combine these two in the study of European constitutionalism.</p> Tomi Touminen Copyright (c) 2021 Tomi Touminen https://creativecommons.org/licenses/by/4.0 https://athena.unibo.it/article/view/12474 Mon, 01 Mar 2021 00:00:00 +0100 Postnational Democracy: A Cultural Paradigm Shift in the Global Legal Order? https://athena.unibo.it/article/view/12477 <p>Many global issues – from climate change to financial crises, from migration waves to management of pandemics, to name a few – have at their root a series of structural imbalances in our economic and cultural models. To move beyond the management of the emergency, the roots of the problems need to be addressed. A double paradigm shift is required: a paradigm shift in cultural models and awareness and a second one concerning global rules and institutions. As for the first one, there is a need to move from a state-centric cultural and educational model to the awareness of our belonging to mankind and our shared interest in the well-being of Planet Earth. The legal and implications of such a new narrative would push humanity to manage their common heritage as global citizens through new democratic supranational and transnational models.</p> Susanna Cafaro Copyright (c) 2021 Susanna Cafaro https://creativecommons.org/licenses/by/4.0 https://athena.unibo.it/article/view/12477 Mon, 01 Mar 2021 00:00:00 +0100 What is a Democratic Revolution? https://athena.unibo.it/article/view/12478 <p>Can we demonstrate that nothing in the world is more beautiful than democracy? This is the crucial question addressed in this study, which argues that, yes, we can indeed demonstrate such a thing. But to this end, it needs to be shown that democracy is based on a universal philosophical principle, one that rises above each nation’s particular democratic experiences and political regimes. This higher principle, I submit, is that of “nonsuffering,” standing as a universal humanist foundation for the democratic norm, beyond all empirical experiences of democracy, but capable of encompassing all of them. The universality of this principle of nonsuffering is yet to be demonstrated, to be sure, but it can be understood as the origin from which come the five principles of the democratic norm: dignity, freedom, equality, participation in public affairs, and the rule of law. In history, democratic revolutions invoke these five principles globally. Which means that, in seeking to effect political, economic, and social change, revolutions give us proof that their core impetus is moral—their ultimate aim being to give effect to the principle of nonsuffering.</p> Yadh Ben Achour Copyright (c) 2021 Yadh Ben Achour https://creativecommons.org/licenses/by/4.0 https://athena.unibo.it/article/view/12478 Mon, 01 Mar 2021 00:00:00 +0100 The Relevance of the Notion of Time for Constitutionalism Beyond the State: Towards Communal Constitutionalism? https://athena.unibo.it/article/view/12479 <p>The overproduction of material hinting at or announcing the emergence of a form of constitutional law beyond the State (sometimes defined as transnational constitutional law) has caused sceptic reactions increased in recent years. Many scholars have either been wary of employing the constitutional vocabulary too easily or as a form of crystallization of power structures, or have attempted to elaborate new concepts while emphasizing the descriptive and normative appeal of pluralism, or resorting to the less ambitious vocabulary of administrative law. While it is not the purpose of this essay to do justice to the complexity of the debate on constitutionalism beyond the State, its aim is to single out one distinctive element of this project: its <em>transformative</em> nature. In particular, it argues, against H. L. A. Hart’s idea that international law is a static legal order, that the notion of constitutional time is crucial for the purposes of framing the contours of the debate on constitutionalism in general and on its applicability beyond the confines of the traditional State.</p> Massimo Fichera Copyright (c) 2021 Massimo Fichera https://creativecommons.org/licenses/by/4.0 https://athena.unibo.it/article/view/12479 Mon, 01 Mar 2021 00:00:00 +0100 Rights’ Global History. The Making and Unmaking of the History of the Rights of Man according to a Non-Eurocentric Perspective https://athena.unibo.it/article/view/12480 <p>This paper expresses the effort to reinterpret the history of the rights of man, and of human rights thereafter then (starting from 1948), from a non-Eurocentric perspective. This is a very specific project that naturally is not meant to retrace the phases of the Western history of rights, but neither is the point to compare the Western conception with those of other legal traditions, such as the Islamic one. In short, the attempt is not to read the history of the rights of man as a progression involving the recognition of increasingly large spheres of freedom carved out of the sovereignty of Western states (as Georg Jellinek saw it), nor is it to read that history as a slow and belated delimitation of national sovereignty in international relations since the end of World War II. To introduce a non-European perspective is instead to analyze the role of the Western conception in leading to the ascendancy of the West over other civilizations and cultures on the ground of the anthropological representation of a non-Western otherness.</p> Gustavo Gozzi Copyright (c) 2021 Gustavo Gozzi https://creativecommons.org/licenses/by/4.0 https://athena.unibo.it/article/view/12480 Mon, 01 Mar 2021 00:00:00 +0100