Papers by Alessandro Ferrara
German Law Journal, 2022
My article aims to analyze the conflict between the duties deriving from the supranational deonto... more My article aims to analyze the conflict between the duties deriving from the supranational deontological codification under a philosophical point of view. Specifically, I will discuss both rules implying the independence of a lawyer and the obligation to ensure that the legitimate interests of the client and the proper administration of justice are protected. I will conduct an analysis about the relationship between moral and juridical duties through a few parts from The Metaphysics of Morals, published by Immanuel Kant in 1797. Afterwards, I will try to verify if Kant’s conception of moral and juridical duties can provide a lawyer with the guidelines for the conflict resolution. I will suggest a meeting point capable of satisfying at the same time those interests whose protection is conflictingly established by the ethical code, and which is represented by the Alternative Dispute Resolution, precisely by the Assisted Negotiation procedure. Ultimately, I will propose an approach bas...
The CoViD-19 pandemic has shocked the Italian health system forcing physicians to define criteria... more The CoViD-19 pandemic has shocked the Italian health system forcing physicians to define criteria for the admission or exclusion of patients to intensive care treatments, in case of a disproportion between the health resources available and those deemed necessary. At the same time with the judgment n. 242/2019 the Italian Constitutional Court ruled out the responsibility, under specified conditions, for assisted suicide, admitting a legislation that allows this kind of practice. The thought that a high number of people could be deprived of the necessary healthcare due to lack of resources, urges the Italian State to discipline euthanasia and assisted suicide in order to offer patients – if not the protection of their right to health – at least the protection of their own dignity and freedom.
BioLaw Journal - Special Issue n.1/2020, 2020
The CoViD-19 pandemic has shocked the Italian health system forcing physicians to define criteria... more The CoViD-19 pandemic has shocked the Italian health system forcing physicians to define criteria for the admission or exclusion of patients to intensive care treatments, in case of a disproportion between the health resources available and those deemed necessary. At the same time with the judgment n. 242/2019 the Ital-ian Constitutional Court ruled out the responsibility, under specified conditions, for assisted suicide, admitting a legislation that allows this kind of practice. The thought that a high number of people could be deprived of the necessary healthcare due to lack of resources, urges the Italian State to discipline euthanasia and assisted suicide in order to offer patients-if not the protection of their right to health-at least the protection of their own dignity and freedom.
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Papers by Alessandro Ferrara