The antipandemic curfew as a measure contrary to rationality and law is Machiavelli's Dossier #29, written by Antonio Bellizzi di San Lorenzo.

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EXECUTIVE SUMMARY

  • The curfew is an emergency measure and, as such, cannot continue indefinitely.
  • Nighttime curfews are incongruent with the need for social distancing: on the contrary, they concentrate all social activities in a small number of hours.
  • The curfew does not affect certain directions or modes of exit but prohibits it tout court, configuring itself as an obligation to stay overnight, incompatible with the inviolability of personal freedoms.
  • With the spring and summer rise in temperatures, human activities tend to take place after sunset: curfew thus clashes with the limit of the unreceivableness of conduct.
  • Curfews violate the constitutional principle of substantive equality by favoring those with spacious, airy, garden homes over those living in cramped homes.

 

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Dossier 29

Confirmed Researcher in Private Law at the Department of Economics and Business - University of Florence.