Papers by Marco Mazzocca
Hither Shore 18 – Tolkien und Politik. Hither Shore Interdisciplinary Journal on Modern Fantasy Literature, 2021
This paper explores some aspects of Sauron's political power. In particular, after distinguishing... more This paper explores some aspects of Sauron's political power. In particular, after distinguishing political power from personal power (i.e., personal abilities) of the Dark Lord, it analyzes the source of his political power. It is therefore shown how, despite his being a Maia, the source of Sauron’s political power, which is understood as the ability to rule over other beings, does not ultimately derive either from his magical/spiritual skills or his technological knowledge – thus demonstrating how Sauron’s political power cannot be reduced to (or confused with) his personal power. Similarly, the possibility of some sort of divine investiture is also ruled out, and it is shown how, ultimately, the power he wields over the inhabitants of Mordor depends on the obedience of his subjects. Then, after highlighting the tricky relationship between free will and divine providence in Tolkien's works, this article focuses on some, so to speak, ‘legal’ aspects related to the relationship between the One Ring and the bearers of the other Rings of Power. Therefore, after outlining the relationship between the coercive and the consensual aspects of political power in Tolkien's works, this article demonstrates that Sauron's political power is predominantly consensual. Specifically, it is emphasized how even if the holders of the minor Rings of Power were to succumb to Sauron's temptation and were controlled by him, this would not automatically lead to the subjugation of all the peoples of Middle-earth. Finally, the last part of this paper explains how some political models of Middle-earth, far from the Hobbesian absolutist model of government, include a genuine right to rebel – which would permit not obeying all those rulers who have succumbed to the temptation of evil.
Cognitio, 2021
This work analyses the «Unbreakable Vow» as developed in the plot of the novel Harry Potter and t... more This work analyses the «Unbreakable Vow» as developed in the plot of the novel Harry Potter and the Half-Blood Prince from a legal and ontological perspective. In particular, the relationship between magic and law is investigated in light of social ontology and is compared to Roman law’s obligationes verbis contractae.
Bratislava Law Review, 2020
Since ancient times, many legal constructions regarding blame or responsibility require subjects ... more Since ancient times, many legal constructions regarding blame or responsibility require subjects to be deemed accountable for their actions as well as for their omissions. The primary purpose of this work is to account for some legal and philosophical issues regarding the so-called negative events (i.e., events that have not occurred) through the development of two simple ideas. The first idea is to consider that, in most cases, a negative event is simply a normal positive event described negatively. The other idea is to distinguish the causal explanations of an event from the causal reports of an event. In this sense, it is shown how these two ideas not only clarify some fundamental philosophical issues, but they are also an excellent starting point for the interpretation and the application of some legal rules concerning omission.
BioLaw Journal - Rivista di BioDiritto, 2017
This paper discusses the emerging debate concerning the concept of Cogni-tive Liberty and its con... more This paper discusses the emerging debate concerning the concept of Cogni-tive Liberty and its connection with human rights. Therefore, considering how recent developments of neurosciences are granting us an increasing ability to monitor and influence mental processes, this article aims to provide a clear definition of Cognitive Liberty understood as a necessary condition to all other freedoms that cannot be reduced to existing rights. In this regard, after presenting the most important positions on the issue, we introduce our point of view, according to which Cognitive Liberty allows us to lay the groundwork for building new neuro-related Human Rights.
Book chapters by Marco Mazzocca
Burghard Baltrusch / Carlo Salzani / Kristof K. P. Vanhoutte (eds.) A Responsibility to the World: Saramago, Politics, Philosophy, 2023
Since its very first reading, Saramago's Ensaio Sobre a Lucidez has been interpreted in many diff... more Since its very first reading, Saramago's Ensaio Sobre a Lucidez has been interpreted in many different ways. The work, initially published in 2004, represents not only the sequel to one of Saramago's most famous works (i.e., Ensaio Sobre a Cegueira) but also an actual essay on concepts such as democracy, rights, freedom, and civic participation. However, as is often the case with these concepts, the problem is that they are misleadingly simple: everyone seems to know what they are, yet a shared definition does not seem to exist. This work, therefore, has at least two primary goals. The first is to provide a general overview of the meaning of some of the political and legal notions underlying Saramago's Ensaio Sobre a Lucidez. The second is to highlight how the author, in his work, stresses how the alleged "right to cast blank ballots" can allow individuals to escape from civil society. The idea is to shed light on the relationship between democracy and civic engagement while demonstrating how it is possible to de structure a potential social contract "democratically".
Lambrini, P. - Moro, P. (ed.), Quaderni del dottorato in Giurisprudenza dell'Università di Padova 2022, Milano: Lezioni, 2022. ISBN 978-88-5526-946-9, 2022
Vi sono regole che non si limitano a disciplinare i comportamenti sociali: li rendono anche possi... more Vi sono regole che non si limitano a disciplinare i comportamenti sociali: li rendono anche possibili. L’archetipo secondo cui le istituzioni sociali come il denaro, le università, i giochi da tavolo, i contratti o la proprietà siano costituite da regole sembra ormai essere largamente accettato dalla filosofia analitica delle scienze sociali. Eppure, nonostante i numerosi contributi, l’idea che uno specifico tipo di regole possa ‘costituire’ la realtà giuridica e sociale sembra, ancora oggi, insospettire molti operatori giuridici. In termini ‘khuniani’ si potrebbe sostenere che, almeno per quanto riguarda quella branca della filosofia giuridica che si occupa di ontologia, si sta vivendo una vera e propria fase di crisi dei precedenti paradigmi ontologico-giuridici. Da un lato, infatti, sono sempre più numerosi i contributi scientifici interdisciplinari volti ad approfondire l’importanza e la funzione delle ‘regole costitutive’ nello studio di importanti fenomeni sociali e giuridici. Dall’altro lato, invece, si assiste a un proliferare di studi volti a mini- mizzare, ridefinire, ridurre e, più in generale, deflettere il ruolo delle regole costitutive in campo giuridico. Questo lavoro mira, dunque, a fornire una breve panoramica del dibattito contemporaneo sul tema delle regole costitutive evidenziando, al contempo, le principali problematiche ontologiche e giuridiche emerse all’interno del dibattito stesso. L’obiettivo principale di quest’opera è, infatti, quello di dimostrare come l’introduzione del concetto di regola costitutiva nell’ambito della filosofia del diritto sia stata, e sia tutt’oggi, foriera di una crisi dei paradigmi ontologico-giuridici tanto inevitabile, quanto apparentemente ricorsiva.
Alexander Bröstl, Marta Breichová Lapčáková (eds.), Nové dimenzie metodológie právnej argumentácie Úloha právnych princípov vo viacúrovňovom právnom systéme, 2021
The main objective of this contribution is to explore the role of legal argumentation in the esta... more The main objective of this contribution is to explore the role of legal argumentation in the establishment of legal ontology. Legal argumentation, thus, is more of an endpoint than a starting point in this paper. At first, ontology and, in particular, socio-legal ontology are presented. Hence, issues, challenges, and potential advantages of a legal ontology are exposed. In the course of the article, it is then shown how legal ontology seems to depend to some extent on argumentation. Specifically, it is argued that legal argumentation could be seen as a necessary condition to legal ontology. In this regard, it is shown how every legal argument could be seen as a way to establish the existence of a law or a legal event in social reality. Accordingly, it is highlighted how argumentative efforts seem to vary as the ontological commitment required by a certain legal entity varies. Finally, while not providing any instructions on how to argue effectively, it is shown how ontologically robust legal arguments require a particular focus on information from the ordinary world.
Conference Proceedings by Marco Mazzocca
Bröstl A, Breichová Lapčáková M (eds), Právny štát, spravodlivosť a budúcnosť demokracie, 2024
This article explores the theory of participatory decision-making through the lens of game theory... more This article explores the theory of participatory decision-making through the lens of game theory, particularly focusing on how interactive and deliberative processes can enhance decision outcomes. It discusses the application of game theory to understand decision-making dynamics in various contexts, including collegial courts. By analyzing examples such as the Prisoner’s Dilemma and coordination games, the paper illustrates how different decision-making scenarios can be optimized through strategic dialogue and negotiation. The article highlights how the principles of game theory can be applied to improve the quality and fairness of collective decisions, emphasizing the potential for participatory methods to resolve dilemmas and achieve better outcomes. The study provides insights into how theoretical models can inform practical decision-making processes, offering a framework for understanding and implementing more effective and inclusive decision strategies in courts.
2022, Bröstl, A. - Breichová Lapčáková, M. (eds.) Spravodlivosť, spoločenstvo, sloboda: Zborník zo Zasadnutia slovenskej sekcie IVR pred 30. svetovým kongresom. Košice : ŠafárikPress, 2022. ISBN 978-80-574-0171-1, 2022
This work constitutes a preliminary ontological analysis of all abstract legal entities, such as ... more This work constitutes a preliminary ontological analysis of all abstract legal entities, such as laws, rights, and legal principles. It explores the very essence of the concept of the existence of legal entities from various perspectives and through a plurality of approaches. Specifically, this essay highlights some ontological issues concerning the laws’ existence and their supposed validity and effectiveness while illustrating some possible metaphysical, epistemological, and legal challenges related to the ontological status of laws themselves. Mental experiments, examples, and metaphors are therefore used to suggest the need for a new approach to legal ontology, which is in partial discontinuity with modern approaches and respectful of a certain metaphysical realism.
Alexander Bröstl and Marta Breichová Lapčáková (eds.), Demokracia, dôstojnosť, diverzita. Zborník z prezentácií slovenskej sekcie pred 29. svetovým kongresom IVR 2019, 2020
The main objective of this work is to demonstrate how the succession over time of different refer... more The main objective of this work is to demonstrate how the succession over time of different referenda may originate democratic paradoxes. To do this, first, a minimum and procedural notion of democracy defending the idea and the practice of polls as an instrument of direct democracy is outlined. Subsequently, a comparative analysis of four different referenda held over the years in the United Kingdom (UK) and its constituent countries is provided. This paper thus demonstrates how, even though each analyzed poll is to be considered as entirely democratic, the succession of these tools may lead to real paradoxes. In particular, it is presented how people could obtain an unintended result, despite providing consistent responses to different referendum questions.
Ladislav Orosz, Sabina Grabowska and Tomáš Majerčák (eds.), Úvahy o zmenách v ústavnej úprave súdnej moci a ich dopady na rozhodovaciu činnosť Ústavného súdu Slovenskej republiky – IX. ústavné dni, 2021
The idea that a constitutional mechanism is needed to ensure that judges who do not meet the high... more The idea that a constitutional mechanism is needed to ensure that judges who do not meet the high standards required for the exercise of their function should not continue to exercise their role is a common one. This work focuses on four different concepts, often referred to as support for this assumption: Judicial accountability, constraints, control, and independence. These notions are treated separately to clearly demonstrate both the theoretical influences and practical problems that each concept generates for the others. Indeed, the main objective of this paper is not to identify the best constitutional solution to the problem of judges’ responsibility but rather to indicate how a clear understanding of the concepts of judicial accountability, constraints, control, and independence could lead to a constitutionally informed choice regarding the work of judges and its consequences. In pursuing this goal, this research illustrates the critical role that these concepts, adequately conceived, play in the Western constitutional system, and hence the crucial role that politics must play in the work of courts and the judiciary if judges are to continue to serve as the guardians of our fundamental rights and liberties.
Graduate Thesis by Marco Mazzocca
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Papers by Marco Mazzocca
Book chapters by Marco Mazzocca
Conference Proceedings by Marco Mazzocca
Graduate Thesis by Marco Mazzocca