Cultura, transizione ecologica e sviluppo sostenibile oggi e domani negli articoli 9 e 41 della Costituzione
Culture, Green Transition and Sustainable Development Today and Tomorrow in Articles 9 and 41 of the Italian Constitution

Summary/Abstract: The paper offers some considerations on the impact of the Ecological Transition and of Digital Transformation on the evolution of Law, and on the value and importance of both Culture and Scientific Research, together with the protection of the Environment and the Historical and Artistic Heritage, in the perspective of growth of the individual and protection of his dignity, as a single and in the social context in which his personality develops, in the framework provided by the Italian Constitution (articles 9 and 41). The Digital Transformation, accelerated by the COVID-19 pandemic, has led to the technicalfinancial hegemony of the platforms, and a focus solely on the present. All this is reflected in political choices, for which polls have replaced democratic debate, in the economy, where the consumer has replaced the citizen, and in social relations, which are intermediated by the internet and social networks. Similarly, the new tools offered by technology, particularly in the field of Artificial Intelligence, are proposed to Judges and Lawyers, for the search for precedents useful for deciding the specific case or for the prognosis of the social dangerousness of human beings. Economic growth, like Culture, connects the past and the future. The Italian Constitution establishes that private economic enterprises can operate freely. However, they must operate with respect for social utility and in such a way as not to cause damage to the environment, as well as with respect for safety, freedom and human dignity. It is therefore essential to financially support public and private initiatives that protect the historical and artistic heritage and the environment, and allow everyone to enjoy it, even regardless of profit. The analysis of articles 9 and 41 of the Italian Constitution helps to seek a balance between the right of today’s young people to development and that of future generations to be protected from the risk of climate change and to address and prevent damage to the environment. To this end, intergenerational, international and interdisciplinary solidarity is necessary. It is necessary to take into account the human and social aspects linked to technological progress, in particular Artificial Intelligence, and their impact on the Environment. They were summarized in a particularly effective way by Pope Francis in the encyclical “Laudato si’ ”, which states how necessary it is to achieve compatibility and harmony between human beings and nature, and affirms everyone’s right to land, to water, food and natural resources as “common goods.” For this purpose, the reference to “sustainable human development” in the Italian Constitution, as a fundamental principle and value, may be useful. It can in fact help start a cultural transition that avoids reducing the green transition only to a low-level economic transition, facilitated – more or less consciously – by digital transformation.

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