Login Contatti | RIVISTA SEMESTRALE - ISSN 2421-0730 - ANNO IX - NUMERO 2 - DICEMBRE 2023

La pubblica amministrazione e l’etica delle istituzioni pubbliche: la questione dei codici di comportamento

In Saggi
22 Agosto 2022

DI GIULIA TORTA

ABSTRACT – Public employees are bound to comply with specific duties and

rules of conduct that broaden their sphere of responsibility compared to

that of ordinary citizens. The ethics of public institutions is crucial for the

development and interpretation of the duties and behaviours established

by the code of conduct. Accordingly, it is interesting to explore the

possibility of enhancing the moral characteristics of the subjects called to

perform a public function considering the Aretaic theory. In the Italian

context this theory appears decidedly in line with both the constitutional

provision that identifies law as a social practice and the ideal of the rule of

law. A key element of the Aretaic theory is the willingness of the individual

to comply with the ethical standards, however that is not always the case,

and this refusal cannot be tolerated by the legal system. Therefore, the

challenge of applying the Aretaic theory lies in reconciling this approach

with the necessity to sanction employees’ violations. The nudge regulation

could be the right tool to prod citizens towards implementing behaviours

aimed at increasing their own well-being and that of the community

without imposing sanctions. Nevertheless, many doubts have been raised

about this solution too.

KEYWORDS – Public servants, duties of conduct, aretaic theory, nudge

regulation, ethics in public institutions

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