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This article examines Adorno’s non-identity thinking and the moral role of mimesis. On the one hand, Adorno criticises Kant’s moral theory, revealing the heteronomy of morality and the untruth of subjective freedom, on the other he defends the utopistic urge of the “transcendental”, moving from finitude and imperfection. Adorno opposes to the bourgeois personality neither a naïve return to nature, nor a getting rid of the subject, but the individual as differentiated coexistence of self and otherness, spirit and nature.
The European Union is at the crossroads between intelligent expansion of future horizons and frightened shrinking to a perspective of local areas. Fear of descent of the citizens on one side and a politics of crisis, that goes along with harsh injustice have made upset the national societies against each other, missing courage on the side of politicians, to bring European issues to the fore, endanger the European project. There is only one way to overcome this situation by establishing a democratic union, which conserves not only the social and civilian achievements of the national state, as well as the assets of a greater democratic political unity, that offers an unity of European citizens and European state demos.
In Paris, metropolis of xix century, Benjamin traces the new paradigm of modernity: the modern theatrical dimension corresponds to the artistic innovations and to the reproduction of aesthetical requests. Entfremdung and Neutralisierung are the main characters of the Ästhetisierung and they are one with the distraction as principle of reception and the conformism as principle of valuation. This is the context of the aura’s decline. The Adorno’s critical essay on the radio (1963) analyses the transformation of works of art in cultural gifts and, in particular, the loss of autonomy of the musical work of art in the radio listening. The Adorno’s remarks recognize the historical character of aura and a new possibility that it can re-emerge in a new historical dimension of the music.
Prevenzione e repressione nel contrasto al riciclaggio : un’indagine comparata tra Italia e Germania
(2023)
The doctoral thesis provides a comparative study of the Italian and the German crime of money laundering. Although the topic of the essay is double, its final purpose concerns solely the Italian criminal provision (article 648-bis of the Italian Criminal code, art. 648-bis c.p.) in the attempt to thoroughly investigate its offensiveness, underlying legal interest and legitimation as well as to propose a restrictive interpretation.
The first chapter defines the research topic and the comparative methodology which shall be used throughout the thesis. The comparison is hereby intended as a tool to not only describe, but also contextualize the German legislation and create a “dialogue” with the italian criminal provision. Also, the first chapter lays down the three fundamental questions upon whom the analysis will be built (“from where?”, “what?” and “who?”) and offers a conceptual framework of the crime of money laundering by enlightening the existing liaison between this criminal offence and the paradigm of crime-prevention; European and supranational law; and the activities of prosecution and intelligence.
The second chapter delves into the question “from where?”, that is, the question of the role and the meaning of the predicate offence in money laundering’s prevention as well as repression. Therefore, the topic of the predicate crime is examined both from the angle of the anti-money laundering obligations for private actors and from the strictly penal angle. The question of the contribution of the predicate offence to money laundering’s offensiveness is specifically investigated with regard to both supranational and national law (including the most recent reforms that took place in Italy and Germany).
The third chapter is dedicated to the question of “what” is money laundering. This topic is first of all addressed from a pre-normative point of view. To this end, the chapter begins with a survey of relevant criminological theories that have been developed in order to explain, on an empirical basis, the phenomenon of money laundering and its effects on economy and society. The chapter then moves on to the criminal law provisions by examining the shape and current interpretation of the national crimes of money laundering and interrogating their suitability in the light of the criminological suggestions.
With a view to drawing some conclusions on the Italian crime of money laundering, the fourth and last chapter explores the question of “who” launders, meaning the possibility for the author of the predicate offence to be punished as self-launderer. In this context, self-laundering is examined as a form of both rationalization and extremization of the crime of money laundering. Lastly, the doctoral thesis summarizes its findings and proposes a restrictive interpretation of art. 648-bis c.p.
Enthält 2 Teile:
Oliva Menozzi: Introduction S. 1-10
Gloria Adinolfi, Silvano Agostini, Valentina Belfiore, Rodolfo Carmagnola, Maria Violeta Carniel, Vincenzo d’Ercole, Rocco D’Errico, Maria Giorgia Di Antonio, Eugenio Di Valerio, Maria Emilia Masci, Maria CristinaMancini, Oliva Menozzi, Donato Palumbo, Ilaria Zelante: Le metodologie, il team risultati preliminari del digital imaging. S. 11-52