Sicurezza e libertà: margini e orizzonti di (buon) senso, con uno sguardo comparato

Security and freedom are often in conflict (this can be observed also comparing the first contractual theories of natural law, proposed by Hobbes and Locke): this happens more frequently in a multicultural society. This paper focuses on some aspects related to this conflict. First of all, positive and negative consequences of establishing or not establishing (written) rules about declaring states of emergency are analyzed. Then the role of the concepts of “margin” (as a border or as a margin of appreciation) and “common sense” is investigated, taking into consideration some different national experiences (state of emergency not provided by Italian Constitution, rules about declaring states of emergency and banning political parties associated with terrorism in Spain). Particular attention is paid to conflicts between security and freedom about the use of cultural and religious symbols, like Muslim veils and the burqini, the swimming costume worn by some Muslim women and substantially banned (July-August 2016) by some French mayors, but then the Conseil d’Etat suspended the ban. The last part of the paper tries to suggest a way to overcome fear of foreigners – even in these bloody periods because of many terrorist attacks – through a correct intercultural and dialogic approach, in order to avoid serious misunderstandings.