Istituto Lombardo - Accademia di Scienze e Lettere - Rendiconti di Lettere Rendiconti di Lettere PAGEPress Scientific Publications, Pavia, Italy it-IT Istituto Lombardo - Accademia di Scienze e Lettere - Rendiconti di Lettere 2384-9150 ESCHINE E IL PROGETTO DI SOLONE SULL’EDUCAZIONE DEI GIOVANI: L’INTERPRETAZIONE DELLE LEGGI SOLONIANE NELL’ORAZIONE CONTRO TIMARCO <p>This article analyses the role of Solon’s laws in the discourse <em>Against</em> <em>Timarchus</em> with particular reference to the educational project that the speaker attributes to this ancient legislator. After explaining the historical and juridical context of the trial (§ 1), firstly, I describe what laws the speaker calls into question (§2); then, I discuss the issue of the reliability of the attribution of these laws to Solon (§ 3); finally, I present some considerations on Aeschines’ rhetorical strategy and I argue that not only his laws, but also his poems, his role as political speaker and the very character of Solon form an integral part of this strategy (§ 4).</p> Laura Loddo ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.559 TOMMASO NATALE E CESARE BECCARIA <p>Only few people continue to believe in the insular legend, which he himself spread, that Marquis Natale was alleged a foreunner of Cesare Beccaria. Disproved on a historical and textual level, that thesis is anyway secondary as compared to the huge gap between these two authors, both in terms of contents and of values.</p> Mario Pisani ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.518 UNA PERDUTA ISCRIZIONE A PAOLO PARUTA SULLE LAPIDI DEL CORTILE DEL BROLETTO DI BRESCIA <p>Thanks to a passage of <em>Coryat’s Crudities</em> (1611), where the English traveller describes his visit to Brescia (August 1608), now is possible to reconstruct a lost commemorative plaque, once placed upon the internal wall of the local <em>Broletto</em> (City Hall). The inscription upon that marble plaque, dated 1591, was erased almost one hundred&nbsp;years later (1692) by the authorities of Venetian Republic, worried for the growing selfglorification of patrician magistrates. Luckily Coryat transcribed the inscription, dedicated to Paolo Paruta (1540-1598), statesman and historiographer of the Venetian Republic, <em>capitano</em> of Brescia from 1590 to 1592, when he was appointed as Ambassador to Rome. Starting from the discovery of this lost inscription, this essay tries to investigate how Paolo Paruta, a refined political writer but also an able statesman, took his 2 year office in Brescia, at that time the second city of Venetian <em>Terraferma</em>.</p> Marco Giani ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.519 “GENERAZIONI” DI DIRITTI UMANI E DIRITTI UMANI DELLE GENERAZIONI FUTURE <p>The classification of human rights in “generations”, habitual in legal litterature, looks inappropriate in light of the consideration that human rights are inherent in human beings and do not depend on their recognition under the law, which is only relevant for their protection, as it clearly derives from the 1948 Universal Declaration. Furthermore, the Declaration refers to diffused rights of the so called third generation (right to peace, to development, to environment) under a provision on a social and international order, which leads to deny their nature as rights and to conclude that they should rather be qualified as duties aimed at ensuring the exercise of human rights. Finally, a diachronic reading of the universal nature of the Declaration implies that such duties comprise an international guarantee of human rights not only of the present, but also of future generations of human beings.</p> Fausto Pocar ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.532 «SOGNI E FAVOLE IO FINGO». SULLA GENESI DEL «FRANKENSTEIN» DI MARY SHELLEY <p>During the summer of 1797, the English poet Samuel Taylor Coleridge, according to what he declared, experienced, while sleeping, a vision inspiring him a poem of about three hundred lines: what he partially managed to transcribe, of that dream of poetry, is one of the most perfect examples of musicality in the English language. It is with Romanticism that dreams, removed from the bonds of foretelling and of the naïve inferences of folklore, become generators of images, and also of words. Dreams indicated peculiar themes to Füssli’s art, suggested novel plots to Stevenson and Dostoevskij, and, even before them, in 1818 they presented Mary Shelley, as she travelled towards Italy, with the subject of a new, immortal, story - the one of the scientist Frankenstein, who decides to play God in his power of giving life -, which is still haunting us nowadays.</p> Gianmarco Gaspari ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.588 IL PRESENTE RICORDATO: SUONARE A MEMORIA, TRA DIDATTICA STRUMENTALE E SCIENZE COGNITIVE <p>This study considers the analytical and gestural aspects of the performance from memory in the beginners in order to offer elements of comparison with similar studies on the performance from memory of advanced students and professionals. Three pianists aged 10 years have studied a piece taken from the Mikrokosmos of Bartók unknown and suitable for their level of pianistic experience. During the learning&nbsp;path the teacher kept a diary. When they were able to play the pieces from memory fluidly, a first video recording of the performance was performed during a lesson. Later, after overcoming the problems occured in the first recording, the second performance was recorded in a semi-public context, and finally the last recording took place in front of an audience of about 50 people. The quantitative and qualitative analysis of the video recordings considered the formal structures of the pieces and the errors, comparing them with the evidences of the diary of the teacher. The results indicate a greater presence of errors in the measures that delimit the formal sections of the pieces.</p> Anna Maria Bordin ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.569 1968: IL TEATRO DELLE LIBERTÀ <p>1968 can be considered as an episode concluded within a short period of time or as the beginning of a historical path characterised by many events that lead to the “years of terrorism” (“<em>anni di piombo</em>”). After analysing the difference between transgressive, oppositional and rebellious behaviours that fall within the modes of being “against”, which represents the key to characterising the episodes of ‘68, the&nbsp;author comes to the conclusion that it was a period of mass transgression which tended to be attractive because it was prohibited. A theatre scenario, from a representation around the desire for a misinterpreted freedom, since freedom is never absolute, but it is always freedom from something and within rules that transgression instead aims to violate. The dimension of the theatre thus expresses an action that does not change history but simply seems to do so, without therefore producing any positive and lasting results and indeed being able to take monstrous forms, as has happened.</p> Vittorino Andreoli ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.589 IL SIGNORE DELLE PAROLE. LA LINGUA DEL ROMANZO IL FUOCO DI GABRIELE D’ANNUNZIO <p>The following article deeply examines the linguistic and stylistic forms of the novel “Il Fuoco”. The analysis of such forms bears witness to the presence, in a language unusually rich and varied besides a style full of figures of speech, of polished and old-fashioned expressions, which characterize the high literary tone and the expressive grandeur of D’Annunzio “king of the words”.</p> Maurizio Vitale ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.521 DANNO AMBIENTALI E «RIMEDI DI DIRITTO CIVILE»: VERSO IL SUPERAMENTO DELLA COMPENSAZIONE «PER EQUIVALENTE»? <p>The article deals with the role of the restitutio in integrum in case of environmental damage and the residual room for the monetary compensation in this field.</p> Alessandro D'Adda ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.570 AMMISSIONE DI STRANIERI SUL TERRITORIO NAZIONALE ATTRAVERSO ‘CORRIDOI UMANITARI’ CON SPONSOR PRIVATI <p>The scope of the present research is to understand to what extent a recent and fruitful private initiative sponsoring a safe alternative legal pathway ‘par avion’ recently spread from Italy and called “humanitarian corridors”, may in a future become&nbsp;a general and uniform alternative model for other European Union States. Such a best practice, which represents currently an exceptional route for vulnerable migrants mostly from Lebanon and Eritrea to enter the country without harm after a security screening and to be materially supported by the same sponsors in the crucial initial phase of integration, could potentially be extended to other EU States. Its legal basis should not be restricted to Article 25 of the Visa Code (recently interpreted by the EU Court of Justice as posing no obligation on Member States to grant humanitarian visa). There already exist clear obligations to grant humanitarian assistance to vulnerable people at risk stemming out from international law (both general and conventional) that do constitute the adequate legal basis both for States and civil society, to act in a “multi-stakeholder alliance” in order to find solutions to the challenges and opportunities deriving from international migration, as indicated in the 2016 New York Declaration.</p> Carola Ricci ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.571 FRIEDRICH SPEE E LA PRESUNZIONE D’INNOCENZA <p>In his famous <em>Cautio Criminalis</em>, published for the first time in 1631, Jesuit Father Fiedrich Spee seems to have anticipated, a century and a half before the French Revolution , the idea of Presumption of Innocence. The Author deals with it below two profiles: with reference to the victim of trials based on illicit evidences and to the so called elision of the clues to be assessed for the application of torture. Father Spee will be reported as one of the most significant figures for the abolition of the torture.</p> Mario Pisani ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.522 IL FINANZIAMENTO DELLE PMI TRAMITE IL MERCATO DEI CAPITALI. IL RUOLO DI BORSA ITALIANA <p>This paper briefly describes the main fatures of the Italian companies financial structure and highlights the importance of a stronger access to the capital markets in order to rebalance their capital structure and finance their investments and their internationalisation strategies. The main actions adopted by Borsa Italiana to favor this process are also described in the second part of the paper. Finally, a number of measures that could be adopted by the policy makers are also briefly examined.</p> Andrea Sironi ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.533 THE SILK ROUTE AND ITS REFLECTION ON KNOWLEDGE SYNCRETISM AND IMAGES IN PAINTING AND ARCHITECTONIC FORMS IN MIDDLE-INNER ASIA A PARADIGM BEYOND SPACE AND TIME 13th – 15th CENTURIES AD <p><strong>The Silk Route Between Past and Present. A Paradigm Beyond Space and Time.</strong> On the threshold of the third millennium, in an atmosphere of anachronisms and contradictions, dominated and conditioned by scientific and technological discoveries, new ideas seem to take flight whilst regional barriers and territorial boundaries are collapsing to give way to a new form of comprehensiveness. Sharing ideas and intellectual stimuli, amalgamating cultural elements circulating along its intertwining branches, the Silk Route has more than once given life to new scientific forms, cultural and intellectual systems and, amongst these, artistic shapes and religious syncretism. The “Silk Route”, which, with its articulated network of twisting routes and sub-routes, even now well represents the challenging paradigm of a new age yet standing at its threshold.</p> <p>A paradigm beyond time and space. The following paper aims at focusing on the Silk Route’s Religious-Cultural dimension in the middle-inner Asia of the 13<sup>th</sup>-15<sup>th</sup> Centuries, when, whatever may have happened regarding local realms and rulers, it played the role of junction and meeting point of different worlds and their civilisations. Even now we are confronted with a political trend that is at once and the same time a cultural current; emanating from the past, it is re-linking Europe and Asia and, re-uniting territories with their individual and traditional cultural forms, is shaping a renewed kaleidoscopic framework. We are confronted with new forces deeply rooted in the past, which, emanating from the far eastern fringes of Asia, by the second decade of the 21<sup>st</sup> century have reached the far western fringes of Europe, dynamics that are not only ‘economics’ and ‘scientific technologies’ but also thought, religion, and other intellectual values. These forces are heir of past times, nevertheless they endure in the present and are the active lively projection of a future time…though still largely to be understood and matured. A vision of life and universe where speculative and religious values coexist with astounding technological and scientific discoveries in a global dimension without space and time.</p> <p>At the verge of this millennium, the Information and Communication Revolution has given life with its advanced technologies to a new space conditioned and dominated by no-distances. And this space with its always-evolving scientific discoveries today involves the society in its entirety (what is commonly named as “<em>global space</em>” actually symbolised by the Silk Route), endeavours to amalgamate it creating new links between civil and political society and positioning them in a new military dimension. New forms and structures that are rapidly evolving in search of some balance between technological development and preservation of ancient traditions, which might make possible social and economic justice, yet an utopia more than a reality. However, both (social and economic justice) form the ideological basis of order and stability, anxiously pursued by the young generation in search of an economic and speculative order where stability, security (hard and soft security) and religious structures should in their turn become the platform of new political-institutional structures.</p> <p>Be that as it may, this is not a new phenomenon. Technological advancements are astoundingly new, but not the process and its aims. We are confronted with a phenomenon that has already occurred in more than one historic phase. Epochal phases. That is the human search for economic and social justice, and their framing into new conceptual schemes. And within this ratio, it would be unrealistic to ignore an additional key-factor. It would be unrealistic to deny that Religion has always been a major player. It has been at the basis of more than one revolution, it has represented the culturalpolitical response to foreign challenges, it has legitimised military action, it has given life to new spaces and political systems, it has filled with its pathos cultural and political voids. It has given to Mankind and Universe a new centrality, creating a new space within which Man and Mankind, History and Philosophy, Cosmos and Universe with their laws meet and merge in new systems and structural orders. The World and its Destiny, core of lively debates, conditioned by the eternal dialectic between economics and society, between society and religion, between science and technology on the one hand, and religion on the other, between formal ratio and ideologies or myths, which underline with their voice the eternal antithesis between cultures and civilisations.</p> <p>At the verge of the third millennium, the intellectual world is facing a new historiographical debate, into which the Religious Factor has also entered. Knowledge and the vision of the world and its new order/disorder are translated into a new philosophy of culture and history, of society and religion. Rationality, historicity of scientific knowledge, nature and experience, nature and human ‘ratio’, science and ethics, science and its language, science and its new aims and objectives are amongst some of the major themes of this debate. But not only this: which aims, which objectives? And within which new order that might ensure security and stability, social and economic justice? Thence, revolution and power are coming to the fore with another factor: Force and its use…a stage that, however, does not disregard dialogue and tolerance, or, as recently stated by Francesco Bergoglio, more than tolerance, “reciprocal respect”. These are only ‘some’ amongst the main issues discussed and heard of also in the traditional culture of ordinary people.</p> <p>Undoubtedly, the end of the Cold War and the well-known “global village” dealt with by Samuel Huntington, the global village with its technological revolutions, have induced to re-think our own speculative parameters, traditional paradigms and models of society and power, mankind and statehood. And once again we have been confronted with elements that might bring to new forms of sharp opposition and a global disorder. However, beyond and behind the Huntingtonian cliché of the “clash of civilizations”, a new cultural current seems to take flight spurring from the roots of a traditional past, which however has not yet disappeared. The Silk Route stems out emanating from the far-eastern lands of Asia as the conceptual image, the paradigm of a conceivable new order. By merging the material, scientific-technological and economic dimension of life with a new cultural (or neo-cultural) vocation it seeks (and seems to be able) to give life to a new social body and new systemic-structural answers, a comprehensive order capable of tackling the challenges opened by the collapse of the traditional cultural parameters and the dramatic backdrop of a mere clash of civilisations.</p> <p><strong>Middle-Inner Asia of the 13<sup>th</sup> -15<sup>th</sup> Centuries: the Silk Route and its Reflection on Painting and Architectonic Forms.</strong> As just pointed out, nothing is new in the course of History. Professor Axel Berkowsky has authoritatively lingered on the Silk Route – or better “the New Silk Route” – with specific regard on practical aspects of these last decades. In the following text, I wish to linger on a past historic period, particularly fertile when confronted with the collapse of traditional values and the challenges posed by new fearful forces and their dynamics: the Mongols with their hordes (ulus) and, some later, Tamerlane with his terrible Army. Sons of the steppe and its culture, these people suddenly appeared on the stage, raced it from Mesopotamia to the north-eastern corner of Asia with their hordes and their allied tribal groups, shattered previous civilisations and imposed a new dominion, a new political-military order and new models of life. But, with their Military superiority, they also brought the codes and the ancient traditional knowledge of the nomadic world. It is misleading to watch to this epochal phase only as a phase of devastation and horrors. With their codes, Mongols and Timurids brought with them the Chinese algebraic, mathematical and scientific knowledge, and fused it with Mesopotamian mathematical and medical sciences reaching peaks of astronomical, arithmetical, numerical, geometric, algebraic theoretical and practical knowledge. They also brought with them from vital centres of religious scholarship and life a large number of theologians, <em>pirs</em>, traditionists and legal religious scholars with their individual religious features and systems. Shamanism, Buddhism, Muslim forms, Nestorianism and other cults vigorously practised in the mobile world of the steppe gave life to an important phase of religious culture and multifarious practices largely imbued with mystic feelings and traditional emotional states.</p> <p>Then, and once again, within the global space created by the military conquests of the new-comers, the Silk Route – or more precisely, the Silk and its Routes – reorganised and revitalised trades and business, gave life to close diplomatic connections and matrimonial allegiances reinforced by a vigorous traditional chancery and official correspondence, that tightly linked Asia with Europe. Within this new global order, the Silk and its routes played the crucial role, shaped new political, institutional, scientific and intellectual formulae, gave life to new conceptual forms that – at their core – had Man and Mankind as centre of the entire Universe. We are confronted with a cultural development begun at a time when the sons of the steppe were taking over lands of the classical Arabic civilisation (like Syria, Iraq and al-Jaz<strong>ī</strong>ra), at a time when the Iranian world was still centre of intellectual life and its social norms were still spreading over large spaces of Inner Asian territories. Visual Arts wonderfully mirror this phenomenon.</p> <p>We witness a process that renovated itself ‘from within’ in the course of three centuries and did not stop even when the arrival of the European Powers on the Asian markets seemed to sign, with the decay and end of the traditional market economy, also the closing of the cultural interactions created by the Silk Routes of the time. Once again, Visual Arts wonderfully mirror this phenomenon: a dramatic transitional, fluid period, marked by a distinctive timeless reality, which had no longer territories well delimited by frontiers to conquer or defend.</p> <p>Herewith I have dealt, as an example, with the reflection of the new conceptions of Life and Universe on visual Fine Arts in the 13<sup>th</sup>-15<sup>th</sup> centuries, specifically painting and architectonic forms. Ideological values that aimed to forge new relationships among different peoples and their individual human values, religious thinking, moral codes…and economic, scientific, technological achievements.</p> <p>‘Fine Arts’. Visual fine arts, in my case painting and architecture, are the mirror of feelings shared by the Lords of the time, registered by painters and architects in plastic forms, the signal of these stances to an often confused Humanity. Here, I linger on two pictorial themes: Nature and Landscape on the one hand, and Religion with its very images on the other. With regard to architectonic forms, these reflect the same conceptual paradigm shaped through technical features. By those ages, Nature and Landscape were perceived by contemporary painters and architects with formal, stylistic and technical characteristics which strongly reflected the impact with a world which lived its life in close, intimate contact with nature, a world and a culture which observed Nature and the Cosmos, and perceived them in every detail over the slow rhythmical march of days and nights, of seasons and the lunar cycles. These artistic features depict a precise image, that of a world which lives its life often at odds with nature for its very survival, a world which conditions nature or is conditioned in its turn. At that time, it was a world and a cosmic order which were often perceived by the artist in their tension with uncertainty and the blind recklessness of modern-contemporary times. However, to a closer analysis, these same artistic forms shape a celestial order which was at one and the same time a culture and a religion.</p> <p>In the vast borderless space of the Euro-Asiatic steppes, cut by great rivers, broken by steep rocky mountainous chains and inhospitable desert fig.aux, the Silk succeeded in building and organising its own network of twisting routes and sub-routes, along which transited (albeit, yet still transit) caravans with their goods…but also cultural elements and their conceptual-philosophical forms. Of these latter and their syncretic imageries and dreams, the fine arts have left evocative pictures and architectonic images, which depicted a world that is the projection of a precise social and political reality and its underlying factors, such as the restlessness of a nomadic pattern of life and the culture of the Town and its urban life. Little is changed today despite the collapse of the Soviet empire and its order. Features and forms change, but in both cases they announce a different world with its order built on a robust syncretism, which is at the same time science, knowledge, harmony and religion (divine or human, or both). A world that is the projection of a precise political, social and economic reality. A reality that, at one and the same time, is the silent voice of a humanity often disregarded by contemporary writers, an ‘underground world’ that echoes traditional forms and their dynamics, and a no less authoritative de facto power that politically, economically and militarily conditions and dominates its times. A reality that finds an authoritative voice through the Silk Route.</p> Valeria Piacentini Fiorani ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.572 THE EU-JAPAN STRATEGIC PARTNERSHIP AGREEMENT (SPA) – REALLY MORE POLITICAL AND SECURITY COOPERATION ON THE GROUND? <p>In July 2018, Japan and the European Union adopted the bilateral Strategic Partnership Agreement (SPA). The SPA is aimed at further institutionalizing EU-Japan cooperation in regional and international politics and security. Based on the political rhetoric accompanying the agreement’s adoption, one could be tempted to conclude that the SPA will be the long-awaited breakthrough of EU-Japan political and security cooperation in the years ahead. But it is not, at least not yet. In the agreement, the EU and Japan envision cooperation in more than 40 areas. You name it, it is all in the agreement: cooperation countering the proliferation of weapons of mass destruction, crisis management, post-conflict reconstruction, collaboration to prevent the proliferation of conventional arms, including small arms and light weapons, joint counter-terrorism policies, joint efforts to reform the UN, development policies, disaster management, climate change and many, many other areas and issues made it onto that very long list of unresolved issues of international politics and security. The good news is that the SPA covers fewer issues and areas than the previous EU-Japan Action (2001-2011), which covered more than 100 areas the EU and Japan were at the time planning to cooperate on, and – with a few notable exceptions – did not. The not so good news is that the new SPA still covers more than 40 areas and there is unfortunately no information publicly available outlining which areas and/or issues have priority over others. Reality (most probably) is that when one does not prioritize anything, then not much will get done unless and until there is agreement between the EU and Japan on what needs to be done first, second and third.</p> Axel Berkofsky ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.560 ASCESA E DECLINO DELL’ECONOMIA AMERICANA <p>The paper illustrates the rapid economic ascent of the United States from 1870 to 1913 and the consolidation of the American economic leadership in the years 1914-50 despite “the lost decade” succeeded to the 1929 Wall Street crash. The advantages associated to the “frontier” in the first period, and to the great size of the American economy and the “Fordist Model of development” in the years 1908-1929 and 1934-1969, strongly contribute to explain the great success of the American economy. At the beginning of the XX° century the United States is already the major world economy and becomes also the major military, political and financial power in the following decades. At the beginning of the 1950s the leadership of the American economy is undisputed, but militarily and politically the Soviet Union represents a great adversary though having an economic size which is less than half the one of the United States. From the 1950s up to 1989 there are a harsh confrontation between the two super-powers and also the great, though partial, catching -up of Japan and of several Western European economies. Moreover, in 1978 China’s economy begins its phase of very rapid growth and a great catching -up process, and in the latest few years it exceeds the American economy as regards total GDP in purchasing power parities and the value of exports. The US thus begins a period of relative economic decline. The United States remains the richest major economic power in terms of per capita GDP, but China is rapidly diminishing the gap and it might exceed the American giant in the future. Yet, China has deep structural weaknesses, though partially different from those of the United States.</p> Vittorio Valli ##submission.copyrightStatement## 2020-01-31 2020-01-31 10.4081/let.2018.561