Biblioteca della Libertà

Anno XLIX, n. 211, settembre-dicembre 2014

Anno XLIX, n. 211, settembre-dicembre 2014

periodicità quadrimestrale

ISSN 2035-5866

Direttore responsabile Salvatore Carrubba

Condirettori Maurizio Ferrera e Beatrice Magni

copyright Centro di Ricerca e Documentazione “Luigi Einaudi”

 

Indice sintetico

L'utopia della ciber-agorà. Problematicità, limiti, possibilità della democrazia digitale

pag 69
Articolo completo/Full text

L'utopia della ciber-agorà. Problematicità, limiti, possibilità della democrazia digitale

Addressing the issue of e-democracy and its implications requires us to express clearly which model of democracy we refer to, and to reflect on political deliberation and its procedures. I believe that our deliberations cover three distinct areas, connected by a recursive loop: the private, the public and the political area. In particular, in the political one (in which we make decisions regarding the legal use of coercion to enforce laws), the fundamental principle of deliberation is political neutrality towards controversial conceptions of good life. Moreover, politicians have the moral right to make decisions that they could not make as ordinary citizens in the private and public areas. To make this possible it is necessary for politicians to have a fiduciary delegation without any obligation of mandate by citizens. The most radical theorists of e-democracy believe that this should replace liberal democracy with direct democracy: a sort of cyber-agora where it would be possible to get rid of economy and State rules. This is a dangerous and utopian dream. It is no coincidence that these theorists believe that the goal of e-democracy is to reach 100% consensus. Their ideal of total citizenship represents the other side of the coin of the total state. On the other hand, the use of ICT can promote the development of representative democracy by introducing new forms of participatory democracy. It makes it possible to consult citizens and to improve their involvement in political decisions and in the governance of public administrations. In order for e-democracy to be actually practiced it is necessary to recognize certain principles on which an e-civility is founded: the principle of co-responsibility (we are responsible together with our stakeholders of the choice and use of ICT); the principle of cooperation (the commitment of stakeholders to behave reasonably in compliance with the principles of fairness, comprehensibility, truthfulness); the principle of justice (the commitment to have equal access to ICT). The establishment of e-democracy also requires an update of the idea of social contract which should be able to combine the reasons of direct democracy with those of representative democracy. The use of ICT may increase the possibilities of political participation by citizens, but the cyber-agora is not the most desirable alternative to the liberal-democracy.

Abstract

Il dovere di dire il vero e l'etica del potere. Osservazioni a margine di Sulla menzogna politica di A. Koyré

pag 87
Articolo completo/Full text

Il dovere di dire il vero e l'etica del potere. Osservazioni a margine di Sulla menzogna politica di A. Koyré

This paper is concerned with the relationship between those who are in power and the duty to tell the truth. People in power base their actions on convictions, cognitions they hold to be true. They can decide how to use those cognitions, and especially if they want to be veracious, or to lie, to be silent, to distort or manipulate the truths they personally believe. This paper aims to investigate whether those in power have a moral duty to communicate what they know (or believe) to be true, or whether there is some justification for them to lie, to say what is false, with the purpose of misleading others and gaining a relative advantage in power. In the first part, I report some interesting insights by Alexandre Koyré, who in his essay on The Political Function of the Modern Lie (1943) explains why lying is a temptation for man, and examines some traditional arguments for and against the use of lies. Koyré offers a reasoned defense of the claim that totalitarianism is the best demonstration of the corruption caused by a system based upon lying: if you choose to lie, the consequence is the most dreadful kind of power, based on the contempt of both truth and mankind. In the second part of the paper, Koyré’s insight is developed in the light of a personalist view. If we consider human beings as endowed with the dignity of rational beings, we can see that the duty to tell the truth derives from this dignity, because knowledge is necessary to man in order to make informed decisions, and therefore to act freely. Those in power, then, have a special obligation to tell the truth because of their position of superiority over other people. Consequently, this perspective helps to explain why the moral obligation to tell the truth as well as the right to know it have limits: the duty may depend, for instance, upon the kind of power you have, the characteristics of the recipient of the communication, some common good at stake, and the interest of other people involved in the situation. Therefore, if the respect due to the human person imposes a general obligation to give every human being the chance of knowing the truth concerning him/her, prudence determines how and to what extent a specific communication is due to someone, therefore whether it is morally right to tell him/her the truth.

Abstract

Freedom of Speech in Turkey's Social Media: Democracy "alla turca"

pag 105
Articolo completo/Full text

Freedom of Speech in Turkey's Social Media: Democracy "alla turca"

The article discusses the issue of freedom of expression in Turkey from a historical perspective and analyses the present situation. Though Turkish government officials and authorities often pledge their adherence to international democratic standards, nowadays the legislation regulating freedom of expression in the various media (including, or especially the Internet and social media) shows that Turkey is actually far from fulfilling its obligations under the ECHR and cannot, under these circumstances, fulfill the political accession criteria of the EU. This has been the case in the past, as evidenced in the first part of the article, and recent developments, which are also touched upon in the article, show that it is even more so at present.

Abstract

The Invalidation of the Data Redention Directive: A balance of interest between security and fundamental rights

pag 125
Articolo completo/Full text

The Invalidation of the Data Redention Directive: A balance of interest between security and fundamental rights

In the wake of terror attacks in Madrid (2004) and London (2005) the European Parliament issued Directive 2006/24/CE, which regulated the question of data retention, specifying particular procedures for Internet Service Providers to store traffic data and the requirements for courts to access these data. Eight years later, on 8 April 2014, this law was declared invalid by the Court of Justice of the European Union (CJEU) because of its breach of the right to have one’s private and family life respected and of the right to the protection of personal data as recognized both by the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. This article first highlights the key points of the CJEU’s decision and then briefly discusses the technological limits for data retention, before considering the immediate impact of this ruling and its possible impact on freedom of expression.

Abstract

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