download ISLL Papers Vol. 9 / 2016
ISLL Papers Vol. 9 / 2016. Bologna: Italian Society for Law and Literature (ISLL), ISBN 9788898010615. DOI 10.6092/unibo/amsacta/5579. In: ISLL Papers. The Online Collection of the Italian Society for Law and Literature, a cura di Carla Faralli; M. Paola Mittica. ISSN 2035-553X
13/11/2016 – Maria Borrello, Riflessioni intorno all’ermeneutica della metafisica della presenza dell’assenza (Some considerations on the hermeneutics of ‘the metaphysics of presence of absence’)
Inadequacy of language in defining meaning leads to assuming a hermeneutical key able to preserve at least the ‘possibility’ of the meaning. The paper aims to consider the ‘hermeneutics of the presence of absence’, for which language expresses meaning through something that it is not given, as that key. In this perspective, it focuses on the word ‘lalangue’ by which Lacan indicates meaning’s ability to overcome the words and to place itself in a musicality conceived as a combination of ‘heard words’ and ‘heard but not perceived words’. In that musicality lies the authenticity of the meaning that one can seize in hearing what the words don’t say. What word doesn’t say, therefore, allows us to access the truth: a passage through which the understanding realizes itself out of a temporal dimension (since time doesn’t dominate cognition). The possibility of the true meaning resides in this idea of the passage, in its emergence and disappearance.
01/11/2016 – Miguel Fernandez Núñez, ‘Como si de una balanza se tratara’: Consideraciones acerca de una metafora juridica (Some considerations on the scales as a legal metaphor)
This paper is focused on the scales as a symbol of Justice. Scales is a legal metaphor that has survived over the centuries, although in many successive symbolic systems. The contribution aims to clarify the meaning of this icon in history ‘ through an analysis of some diachronic elements ‘ to understand which sense it assumes nowadays.
07/07/2016 – Flora di Donato, Le récit comme outil d’analyse juridique : perspectives ‘top down’ et ‘bottom-up’. Le cas de l’integration des étrangers en Suisse
This paper is part of the proceedings of the workshop titled ‘Droit et Litterature. Seminaire thematique’ hosted at Neuchtel University, on April 29th, 2015, by the Centre Interfacultaire d’Histoire du Droit et du Droit Romain (CIHDDR). The workshop was organized by two parties: the first one dealt with the approach of Law as Narrative with the presentations by Maria Paola Mittica and Flora Di Donato; the second one dealt with the subjects of law, literature, and ethics, with a presentation by Loris Petris; law and paintings with a presentation by Alain Papaux; roman law and literature with a presentation by Jean-Jacques Aubert. The workshop was chaired by Jean-Philippe Dunand. By a way of preview, ISLL Papers presents the specific contribution of Flora Di Donato who adopts a narrative approach in order to analyze the complex integration of foreigners in Switzerland.
07/07/2016 – Orlando Roselli, Il diritto come Esperanto (Law as Esperanto)
Modern societies are characterized by complexity, mobility, relationship instability, uncertainty, and insecurity. Impenetrable physical barriers no longer exist but new, and more isolating, internal, psychological, and mental barriers have materialized. New technologies have expanded what is physically possible and have posed new moral and juridical admissibility issues with regard to what has greater human relevance, such as issues relating to life and death. As societies become increasingly diverse regarding religion and culture, values are being lived as non-negotiable and situations of isolation and inability to communicate are becoming increasingly frequent. The use of the Esperanto metaphor in law signifies placing value on the mitigation of conflict and on instruments of peaceful coexistence; it means contributing to creating, in increasingly less homogeneous societies, a channel of communication and a common system of identity respectful of differences and cultural diversity.
27/06/2016 – Giulia Pratelli, Riflessioni a margine di un dialogo tra un giurista e un musicista (On a dialogue between lawyers and musicians)
Giulia Pratelli rewievs the recent book Interpretare. Dialogo tra un musicista e un giurista, by M. Brunello and G. Zagrebelsky, (Bologna, Il Mulino 2016).
30/05/2016 – Teresa Pasquino, Dante, poeta del diritto e della giustizia [Dante. The Poet of Law and Justice]
The essay aims to highlight concepts of Law and Justice, which are present in Dante’s works. In the political conception by Dante, the Moral Philosophy – which should characterize the activity of the Monarch – realizes itself as ethics and law; law gets out from justice, which is a divine – higher, justice, and legal justice – i.e. a ius commune: a set of principles and rules able to ensure human coexistence. Therefore Moral Philosophy is considered also like legal science and is situated, with theology, at the knowledge’s apex of both orders, natural (natural law) and divine (law of God). This Philosophy allows man to pursue the political law on the earth and to confide in the inscrutable justice that is embodied in Christ.
02/05/2016 – Vittorio Capuzza, Il senso del diritto nel modo congiuntivo del verbo Sum nella grammatica latina [The sense of the law in subjunctive of the verb sum in latin grammar]
The Latin language expresses the dynamism of justice and law that are unsystematic. At first, the verb ‘sum’ bears within it the consonant that the Indo-European had identified to express the bond and the original exhibition in the subjunctive: the way in which it expresses the law.
30/03/2016 – Domenico Corradini H. Broussard, Critica del diritto signorile [The Law of Lords. A Critique]
Portraits of people that never gave in to the law against the servants.
23/03/2016 – Giulia Benvenuti, Hegel: Il diritto e il torto [Hegel: The Right and the Blame]
The philosophy of law in Hegel has that ‘musicale pianissimo’ by which the philosophy sometimes overcomes the other sciences: an overcoming with preservation, such as the understanding overcomes and preserves the explanation. Hence Hegel writes that the law is the law when arises to the principles of ethics: the right to have respect by all persons and the duty to respect all persons, the duty to abolish servitude also in the fabric work, the duty to take out the wrong of the world. The workers want that the flute and the cithara be companies of the laws. And they wait for the trumpet while breaks the delays.
19/01/2016 – Maria Francisca Carneiro, Law and style. First conjectures about juridical stylistics
This paper deals with the concept of style and its historical evolution, looking at how stylistics, as a method, can be of interest to Law. It is suggested that style be understood as a structure by means of which the most varied discourses, including juridical, can be expressed. Juridical stylistics is analyzed by means of its rhetoric and argumentation, the conclusion being that, seen in this way, new meanings may be revealed that are of interest to the narrative of law.