•  14
    Bentham: Our Contemporary?
    with Natalina Stamile
    Revista da Faculdade de Direito UFPR 65 (3): 173-189. 2020.
    This article aims to evaluate the contribution of Bentham’s ideas to the jurisprudential debate in view of their relevance vis a vis their contemporary reception. The focus is on Bentham’s revolutionary idea of publicity with its spill-over effects on contemporary debates on the rule of law and accountable and transparent governance. As far as the method is concerned, after having examined Bentham’s ideas on the rule of law and the debate they raised, the focus in the second section of this arti…Read more
  • Mulling Over Hermeneutics
    with Natalina Stamile
    Archiv für Rechts- Und Sozialphilosophie. forthcoming.
    Friedrich Müller has made important methodological contributions to constitutional theory. Our aim in this chapter is to contextualize his approach by comparing it to previous and current contributions. The first part of the paper addresses the relation between the hermeneutic tradition and his theory. In the second part, we discuss the specific characteristics of his Structuring Legal Theory. Finally, we point to some critical aspects of the theory.
  •  52
    Transparency in internet regulation and governance: Arguments and counter-arguments with some methodological reflections
    with Natalina Stamile
    Revista Brasileira de Estudos Políticos 117 443-476. 2018.
    The debate on the argumentative turn in Public Policy and Administration (PPA), as reflective of the influence of politico-legal theory on the discipline, is reviewed with a thorough and indepth engagement with the Argumentation Theory (AT) literature. The focus in this article is in fact of a methodological nature since we argue that critical scholars - who have contributed to the general and specialized (i.e. political discourse analysis and critical contextualism) literature of AT as well as …Read more
  •  86
    Children of a Lesser God? The Vividown Case and Privacy on the Internet
    with Natalina Stamile
    Revista da Faculdade de Direito UFPR 64 (2): 141-169. 2019.
    In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will the…Read more
  •  31
    Arguments and Stories in Legal Reasoning: The Case of Evidence Law
    Archiv Fuer Rechts Und Sozialphilosphie 106 (1): 75-90. 2020.
    We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach thro…Read more