Here are some interesting interview published in El Pais settiamana ago in Stefano Rodota. I found the article published on Micromega
"Italy is the laboratory of modern totalitarianism." Interview with Stefano Rodota
of Miguel Mora, El Pais by , Italian translation by Andrea Pinna megachip.infodefender of secularism, democracy and
common sense, Stefano Rodota is a man of exquisite courtesy. Master of law, and deployed without ambiguity dell'operosità Pasolini's heir, is perhaps the penultimate European humanist and one of the few intellectuals left in this race that Italy "sad and frayed that we look at the navel and it seems more and more a ' Appendix Vatican as they approach the 150th anniversary of the unity of the country. "emeritus professor of civil law at the Sapienza University of Rome, born in Cosenza Rodotà 73 years ago, writes books and articles, participating in conferences, director of the Festival of the Right to Piacenza, to promote events and battles fought for many causes, from press freedom public ethics, euthanasia. PCI
Elected in '79, he lived as a parliamentary frantic final decade of the First Republic and was later the first president of PDS, founded in '91 from the ashes of Achilles Occhetto PCI. Just one year later, perhaps foreseeing what would happen, he abandoned politics.
Today he teaches in several universities in the world and as a specialist in philosophy of law and co-author of the Charter of Fundamental Rights of the European Union, is an obligatory reference in terms of individual freedoms, new rights, democratic quality and abuse of power. But with plenty of his work on the relationship between law and privacy, technology, business, information and religion.
has just been published (in English, NDT) in his book "The life and rules. Between the right and not right, "an essay of 2006, expanded in 2009, in which Rodotà examine the limits of the law and claims in nature" more sober and respectful of the many new forms that took human life. "
professor denounces the tyranny that the new law clerics want to impose on citizens, a "cast of notables' consists of jurists and lawyers, from large international studies that" the process rules of global law on behalf of multinationals, "the" invisible legislators seize the legal instrument, making a technical mediation in a proceeding sacralized.
The book draws a post-Marxist critique of the jungle of legal constraints that constrain the freedom introduced by the scientific and technical innovations. Quoting Montaigne ("life is a moving variable, irregular and multiform) Rodotà explains how the" gospel of the market, "political power and religion have produced together a" commodification of the law that paves the way for the commodification of even the basic rights ', as can be seen from so many different issues such as immigration, techniques of artificial insemination, or the new frontiers of biology.
According to this logic Rodotà mercantilist and invasive "in total contradiction with the centrality of freedom and dignity" and the privatization of law in a global world creates huge inequalities, Heaven and Hell, "places where you create new rights and freedoms and others where the legislature wants to take control of people's lives. "
"The paradox is that this disparity, which in theory should promote the awareness of equality in the world, is likely instead to consecrate a new citizenship based on the census," he says. "If you legislate on genes, the body, pain, life, privilege or work using repression, arrogance and the technique of corporate relocation, freedoms become goods and only those who can afford it will benefit. "
Rodotà as exemplified by the gay marriage or assisted fertilization, "that in Italy producing a stream of tourists the right to countries such as Spain and other less secure as Slovenia or Albania." And conversely, "tax havens and countries with the least rights of those who work or in a weak environmental legislation that attract businesses and capital."
The big challenge, says Rodotà, is "out of the law and return to life." Or as stated in the prologue of the book Professor. Jose Luis Pinar Mañas "unite life and law, law and person, person, freedom and dignity, the right place at the service of man and of power."
D. It is ironic that a lawyer warns against excesses of the law?
R. The real paradox is that the right which must be sober and sensible only a mediation, you become arrogant and pretending to steal a weapon of human life, which is related to scientific and technological innovations. First birth in a unique way since Robert Edwards, Nobel Prize, has invented the test-tube baby, have changed the rules of game and the natural law is not governed only by natural procreation. There are other possibilities and then comes the question: should the law intervene? And to where? Sometimes his claim is put in a cage science, oppose the right to rights, use the right to deny freedom. This is legal? Sometimes it may seem that it is, for example, in cloning.
D. And in other contexts?
R. In my opinion, the law must intervene without arrogance, without abuse, leaving people free to decide in good conscience. The case of Eluana is a prime example of the use of the law and also of overpowering cultural backwardness and political lives in Italy. The Power and the Church decided, in violation of the constitutional sull'inalienabile person's right to dignity and health, that action was needed to limit the dignity of the woman now brain dead and her father the right to decide for yourself. The problem is not just ripping authoritarian political power, but the foolish challenge to the supreme law, the Constitution, and the active participation of the Church in that attack.
D. The prohibition of assisted reproduction has been confirmed by popular referendum in Italy.
R. Some scientific discoveries cast doubt on the anthropology of the human deep as the use and non-use of several embryos in assisted reproductive technology. The law should provide for these innovations, not block them. Scientists call for rules to determine if their findings are ethically and socially acceptable. Overbearing law restricts use of their research, denies human progress and so takes possession of our lives because it denies us any right or worse, the only negative to some. Italians rich can go to Spain to undergo fertilization techniques, it is barred to the poor. You create a citizenship based on wealth and destroys the social state. Life comes before politics and law.
D. Italy is committed to the current Catholic fundamentalism?
R. Italy is a laboratory of modern totalitarianism. Power, abuse of law, privatization and regarded as a commodity, paving the way for a political and religious fundamentalism, and this undermines democracy. The Italian bishops are opposed to living wills, those Germans have proposed a regulation that is more advanced than that produced by the Italian left. One year after the death of Eluana, Berlusconi wrote a letter to the nuns who attended, informing them of his sorrow at not having been able to save lives. He has publicly admitted that the power attempted to steal the life of Eluana, now the Church is proposing a "plan for life" as a bargaining chip because it supports and enables us to continue to govern. That is the rule of law has sold to the Vatican for a song.
D. Homosexuals still have no rights and lay people rely less and less.
R. The Constitutional Court ruled in the sense that Parliament should legislate recognizing same-sex marriage, this right is already guaranteed by the Charter of the European Union. We need a simple law, no rights denier, religion can not influence freedom. The Constitution of 1948 article .32 states that the law can never violate the limits imposed by respect for human life that article was developed recalling the Nazi experiments and memory processes aimed against doctors (Nazis NDT) in Nuremberg. Wanted was an article by Aldo Moro, a Catholic politician!
D. He never thought he would one day regret the Christian Democrats?
R. Those politicians had much more cultural depth. The dialectic between the parliamentary DC and the PCI was a level that now seems unthinkable. While the DC was in power, we pass the laws on divorce and abortion, the Democrats knew that they wanted the company and feminism, and understood that he would oppose them politically damaged. Many of them were real laymen, had a sense of proportion and a greater respect for opponents. Today we are reduced to tourism to be born and die, people will book in Swiss hospitals in order to die with dignity. Is it possible that a democratic state to force its citizens to seek political asylum to die? The law shall regulate these conflicts, not acuirli.
D. Rosa Luxemburg said that behind every business there was a dogma to defend.
R. Of course, I imagine that the interests of private health care affect the positions of the Vatican. Compared with the conclusions of the Council, things went progressively worse and now Italy is governed by movements such as Communion and Liberation, fabulous doing business with the help and consent Government. The bad policy is the daughter of poor culture, the current problems arise from cultural degradation. I hope that Berlusconi's political regime will end soon, but it will take decades to overcome the effects of this cultural desert. The use of television not only as a propaganda tool, but as a means of abbruttimento, the degeneration of language ... everything is worse. The degradation has invaded a much wider area than the center-right anywhere in ec'imbattiamo behaviors mirror those of Berlusconi.
D. Are put into question even the rights of labor.
R. Legal thought has been greatly depleted. In the seventies approved a radical reform of family law because the legal culture and its democratic inspiration permit it. It closed the asylums, they passed the Workers' Statute reform ... that would be unthinkable today.
D. The left does not react properly, why?
R. The recovery of the culture is the premise of the initiative to give new breath left. Everyone says you should look at the center, I think we should revive the first left. Craxi destroyed social democracy, the PCI has committed suicide, a cataclysm in which the effects still persist. We've lost the primacy of freedom and now commands the private and authoritarian institutions. The company has decomposed, the country is in danger of disintegration. The policy shows the muscles and the right crumbles.
D. Europe will save us?
R. Europe does not live a wonderful time. Increasing xenophobia and racism, and the weakness of Italian culture is expanding across the continent. Throne and altar are new allies, although in a different way than before. Today we are witnessing the merger market, faith and politics that seek to organize our lives by manipulating the law. The Italian problem is the inadequate dealing with corruption, but that is promoted in accordance with law, as is clear from the scandal of the Civil Protection: it is waived by the transparency and the routine checks to steal more easily. In the seventies the bribes were ridiculous and there was still greater composure and respect of the community. Craxi had a devastating role, represented a change of era. Now it has set the rule "If Berlusconi does, because I can not do?"
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