ISLL Papers 2024 (Vol. 17)

08/07/2024 – Alessandro Campo, La letteratura (e le humanities) come luoghi di emozioni giuridiche. Prospettive didattiche a partire dallo «spazio» Summer School in Law and Humanities di Cannes 2023 [Literature (and humanities) as places of legal emotions. Educational perspectives from the «space» Summer School in Law and Humanities in Cannes 2023]
The link between law, humanities and emotions is related to legal pedagogy. The legal-humanistic pedagogy will therefore be investigated, reflecting on its potential to impact legal interpretation and contribute to community-building. The reflection will start from the experience of a concrete educational space (that of the Summer School in Law and Humanities developed in Cannes 2023) and its three theoretical-affective «spaces»: Lon Fuller’s cave, Plato’s cave and the cave of the metaverse. A literary analysis of these spaces will be carried out, providing some suggestions for a legal theory of emotions.

04/07/2024 – Alessandra Valastro, Vite in cerca di politiche. La narrazione biografica e autobiografica come risorsa e come metodo di un discorso sulla città [Lifes in search of politics. Biographical and autobiographical narrative as a resource and as a method of a discourse on the city]
This paper proposes a reflection on the theme of the “right to the city” which recovers the value framework of social democracy inscribed in the Italian Constitution of 1948. To do this, a peculiar visual angle is used, which is the one which valorises the experience in a political sense, starting from biographical and autobiographical literature, with particular reference to that of urban planners. The observation point of view of the latter, when detached from the scientific nature of academic writings and entrusted to the more personal gaze of one’s own experience and one’s relationship with the city, opens up interpretations of great interest for the questions that a sustainable and reasonable government policy of the territories must be asked today. A particular focus is dedicated to the biographical and autobiographical writings of Enzo Scandurra, a highly sensitive urban planner who very effectively chose to combine the narrative of lives and places with the scientific one.

04/07/2024 – Domenico Bilotti, Bellezze a cielo aperto e a numero chiuso. Overtourism e profili di regolazione amministrativa e confessionale [Limited enrolment beauties and the in the open sky ones: overtourism and aspects concerning amministrative and confessional regulations]
The tourist market had a fundamental role in promoting a new phase of economic revamping. Its ambition was openly faced and supported by the European financial assignments and it again became a crucial factor for the Italian economics, because the country is worldwide well-known as one of the finest places to host both artistic and naturalistic holydays. This massive impact anyway has widely influenced the legal interests of internal and local communities day by day empathising the concurrency between two different figures: increasing masses of foreign visitors and declining percentages of disappointed residents. Law & religions approaches could lead distinctive and productive sustainable solutions.

26/06/2024 – Francesco Serpico, La città e i suoi margini. Manicomi e alienazione femminile Nel giardino della follia di Edmondo De Amicis [The City and its Margins. Asylums and Female Alienation in Edmondo De Amicis’ Giardino della follia]
In 1899, Edmondo De Amicis published Nel giardino della follia (In the Garden of Madness): a narrative reportage about his encounter with women locked up within the walls of an asylum. By analyzing the narrative structure of De Amicis’ work, this contribution examines the relationship between the narrative of urban spaces and the medical and juridical discourse. The aim is to highlight the peculiar power relations underlying the labelling and categorisation of mental diseases on the eve of law no. 36 of 14 February 1904, which represented the first attempt to dictate an organic discipline for psychiatric assistance in liberal Italy. Under the outline, Nel giardino della follia expressed a series of unresolved tensions in the season of positivism, a series of ambiguities capable of revealing the set of contradictions and dysfunctions that would characterise the discipline of asylum confinement in Italy until the ‘Psychiatric Revolution’ of the 1960s and 1970s.

26/06/2024 – Sabrina Praduroux, La città promessa: uno spazio di libertà, uguaglianza e integrazione [The Promised City: A Space of Freedom, Equality and Integration]
In recent decades, many European cities have witnessed a progressive emptying of urban public space, and in particular of its function as a space for the expression of diversity. This process is fuelled by several factors, including policies of privatisation of public space, the emergence of new forms of exclusion from public space, and the criminalisation of uses deemed “inappropriate” for public space. Surprisingly, legal doctrine has paid little attention to the proliferation of regulations of urban space that interfere with the exercise of fundamental rights, especially those of the most vulnerable. This article aims to provide my initial thoughts on the topic based on some recent judgments of the European Court of Human Rights.

20/06/2024 – Caterina Gagliardi, Luoghi di culto, sostenibilità ambientale e innovazione tecnologica nella pianificazione dello spazio urbano. Evocando il locus amoenus di Ernst Robert Curtis [Places of worship, technological innovation and sustainability in urban space planning]
Different religious communities propose themselves as important mediators in processes of ecological transition, both in the development and dissemination of eco-sustainable programmes and solutions that can be seen as the concrete implementation of community life choices, both in the implementation and realisation of social and economic policies based on principles of environmental sustainability. In particular, the contribution intends to examine the dynamics of environmental sustainability that the various religious communities implement in their respective places of worship through the study and execution of solutions and projects that appear to contribute significantly to progress towards effective protection of the ecosystem. This perspective of investigation also makes it possible to highlight the lines of development that more specifically concern the tools, training programmes and funding opportunities for energy efficiency and eco-sustainability activities in the buildings in use and owned by religious organisations.

20/06/2024 – Jessica Mazzuca, Lo svelamento delle città. Il senso di appartenenza e le diversità culturali [The unveiling of cities. The sense of belonging and cultural diversity]
Society and culture are two strongly intertwined realities even if they do not coincide. There is no society that does not have cultural production and there is no culture outside of society, of a system of social relations. The analysis of the city is useful because it allows us to also address issues that are partially distant from national consciences, such as those linked to internal and external migrations. Thus, in the richness and multiplicity of conceptions of the city, it is reasonable to find its distinctive features as well as its contradictions, which make the urban scenario also, but perhaps above all, a representation of human reality.

17/06/2024 – Vanessa Oliveira Batista Berner, Artivismo e diritti umani [Artivism and human rights]
This article is the result of two academic extension works at the Federal University of Rio de Janeiro carried out by the Human Rights Laboratory (LADIH/UFRJ) research group on the impact of art in vulnerable territories at the margins of the city. The theoretical basis is the critical theory of human rights and the critical theory of culture.

17/06/2024 – Rosa Palavera, La colpa, la giustizia e gli occhi delle mura. Appunti di un penalista in cammino per le vie della città [Guilt, justice and the eyes of the walls. Notes of a criminal lawyer walking the streets of the city]
The hypothesis of a criminal law of places is assessed under three different profiles and tested on the city case. Taking cues from architectural elements, particularly those allowing or precluding sight, the path proposes a survey of different modes of justice as a gaze and roles of ruled spaces in options of observance, transgression, separation, inclusion, punishment, reconciliation. The possibility is suggested of a shared representation of places of reconciliation, unitively narrated from multiple observation points of urban histories and geographies. Foremost, the need emerges to begin the walk, according to justice, under the towers, along the windows and even beyond contemporary city gates, for an inevitable encounter with the other, whose gaze is only departure and trail sign for recognition.

17/06/2024 – Roberto Bartoli, Riflessioni su carcere e città a partire dal film Ariaferma [Toughts on prison and the city starting from the film Ariaferma]  
The film Ariaferma serves as a point of reflection on the condition of the prison in the city. Whilst the city is built on relationships, not only does the prison in the city has no relationship with the city, but within the prison, relationships between people are destined to dissolve, too. The prison’s “logic” of separation and segregation can be seen as the negation of the city’s “logic” of relationship. The film Ariaferma moves from this awareness of the prison as the opposite of the city, but its final scene sheds a light on a different reality. Thus, two main legal reflections need to be made. First, punishment does not necessarily mean incarceration: as an extrema ratio, prison and segregation ought to be destined only to violent and serious crime (especially organized crime). Secondly, within the prison itself, more open and humane dynamics should be created, aiming at the model of “prison as a city”.

11/06/2024 – Maurizio Manzin, La piazza e il palazzo. Populismo e antipopulismo in Fuente Ovejuna e ne I promessi sposi [The square and the palace. Populism and anti-populism in Fuente Ovejuna and I promessi sposi]
The square and the palace represent two symbolic and opposite places. The former is usually connected to the context of public discussions and confrontations (and sometimes riots) dealing with the political deliberations assumed or to be assumed by the latter, interpreted as the seat of authority and power (and sometimes abuse). The judgement on these two symbolic polarities differs, however, depending on the author. In this case, Manzin analyses in parallel the comedy by Félix Lope de Vega, Fuente Ovejuna (publ. 1619) and Chapter XII of I Promessi Sposi (The Betrothed) by Alessandro Manzoni (publ. 1840-42), which famously tells of the assault against the Forno delle Grucce in Milan, 1628. Interestingly, both works deal with the government of Spain in the 15th and 17th centuries respectively, but while de Vega seems very close to some current social and political phenomena related to the so-called “populism”, Manzoni shows to be quite critical towards such kind of behaviours.

10/06/2024 – Fabio Balsamo, Arnau Estanyol e la costruzione della nuova “Cattedrale del Mare”. Rigenerazione urbana e riuso degli edifici di culto nei processi di inclusione sociale [Arnau Estanyol and the construction of the new “Cathedral of the Sea”. Urban regeneration and reuse of places of worship in social inclusion processes]
Urban regeneration processes centered on the cultural and social valorization of abandoned buildings of worship can represent a particularly useful action to prevent the marginalization of the suburbs and to promote the social integration of migrants and foreigners within the destination contexts. Conversely, the sharing or loaning of underused Catholic places of worship to more recently established religious groups can significantly contribute to social cohesion.  The paper aims to highlight the impact of the reuse of abandoned places of worship in the processes of social inclusion and, specifically, in the affirmation on an effective level of the “right to the city”, which in contemporary multi-religious societies cannot ignore the guarantee of the right of religious communities to have places where they can freely practice their worship.

27/05/2024 – Carla Faralli – M. Paola Mittica, Diritto e letteratura negli Stati Uniti e in Europa. Tradizioni e prospettive [Law and Literature in the United States and Europe. Traditions and Perspectives]
This text integrates the speech presented at the 2018 ISLL Conference, which was held at the Magna Graecia University of Catanzaro, entitled “The roots of legal experience”. Its aim is to provide a synthesis of the history and contemporary and international framework of Law and Literature studies with a special focus on American and European studies.

06/05/2024 – Marcus Vinícius Xavier de Oliveira, Nem os aqueus foram tão bárbaros! Os desaparecidos forçados do Araguaia e a omissão do Brasil em revelar o destino de seus corpos [Even the Achaeans were not so barbaric! The enforced disappearances of Araguaia and Brazil’s failure to reveal the fate of their bodies]
This essay has as its main object of analysis the fact that Brazil, notwithstanding having ratified the American Convention on Human Rights and the main international treaties related to the prevention and repression of the enforced disappearance of persons, as well as having been condemned by the IACHR to revealing the whereabouts and/or location of the body of the politically disappeared in the Case Gomes Lund and others vs. Brazil it still remains silent and omitted to comply with its international obligations, revealing a purely discursive character of the constitutional principle of the prevalence of Human Rights. This circumstance becomes even more evident from the reading of the poetic work of Luiza Romão, whose poem “homero”, from the book Também guardamos pedras aqui, served as a comparative paradigm for the distinction between civilization and barbarism. The methods adopted were transdisciplinarity and legal criticism, using jurisprudential and bibliographical research as a procedure.

11/03/2024 – Annalisa Verza, Dante’s Inferno and the teaching of law and digital citizenship in secondary schools
At the heart of the narrative of Dante’s Inferno is a descending hierarchy of categories, referring to human behavior and attitudes, which is largely an expression of the theological and moral (as well as legal, as far as moral judgments are linked to legal judgments) thinking of his time.
Starting from the application of this system to the framework of human conduct that takes place in the ‘other world’ of the web, this essay aims to reflect on the pure narrative power of the inverted climax of Dante’s Inferno, and above all on its potential applications in the teaching of law and of civic and digital citizenship.

21/02/2024 – M. Paola Mittica, Diritto e musica. Ricerca e tendenze [Law and music. Research and trends]
This article aims to summarise the research trends affecting Law and Music, a side of Law and Humanities that is encountering increasing interest in the field of legal thought. To this end, it discusses the two approaches of Law in and Law as Music, the relationship between music and political identity, and that between music and political community, concluding on the musical roots of law.