ISLL Papers 2018 (Vol. 11)

05/12/2018 – Ana Rodríguez ÁlvarezEl Derecho en la obra de Elena Ferrante “La amiga estupenda” [The Law in Elena Ferrante’s work “My brilliant friend”] 
This paper aims to highlight the institutions and legal issues represented by Elena Ferrante in her novel “My Brilliant Friend”, the first of “The Neapolitan Novels”.

05/12/2018 – Maria Elena GazzottiCibo, salute e bellezza nella rappresentazione pittorica [Food, health and beauty in pictorial representation]
This essay underlines the relationship between food and social condition through the pictorial representation, in which we can observe also the transformation of the depiction of slimness and fatness over time. Recording the general homologation of the idea of beauty and its consequences, painting also highlights the physical and psychological problems of nutrition.

14/10/2018 – Adriana SalvatiLa Vocazione di San Matteo: il peccato e le imposte [The Vocation of St. Matteo: sin and taxes] 
The paper focuses on the Vocation of St. Matteo by Caravaggio to analyze the original relationship between tax collectors and taxpayers, with the purpose to elaborate a critical point of view about the ethical foundation of the tax obligation. This picture reproduces and updates the diffused feeling of aversion against tax collectors, representing the contributor’s distrust toward Revenue. To effectively combat evasion an ethical foundation of the tax obligation must be posed as well as loyalty obligations also for officials of the financial administration.

12/07/2018 – Giorgio Leali, European Union Consumer Law through reading a short novel: partisanship and social justice in “D’autres vies que la mienne” by Emmanuel Carrère 
The paper adopts the perspective of “law and literature” studies to investigate how the French novel ‘Lives others than my own (D’autres vies que la mienne)’ by Emmanuel Car-rère addresses the evolutions of European Union law on unfair terms in consumer contracts. By looking at European Union law from the perspective of individual lives, the essay compares the way in which literature and EU law conceive three categories of individuals involved: consumers, moneylenders, and judges. Carrère’s novel is taken as an example to challenge the stereotype according to which literature expresses a sympathetic and partisan conception of social reality compared to the one of law.

03/06/2018 – Guilherme PrattiDiritto con musica e letteratura: è possibile raccontare lo sviluppo del diritto? [Law with lyrics and literature: is it possible to tell the development of law?] 
This study aims to present the possibility of comprehension of the historical development of law throughout the Law and Literature Movement. To do so, it presents the evolution of this ‘movement’ passing by the American, European and Brazilian experiences to distinguish the studies that have been done so far from the thesis hereby presented. This thesis is based on the possibility of considering the musical lyrics as literary texts and understanding and describing the development of the law starting from the particular cultural (literary) context from which law and other social rules emerge.

17/04/2018 – Carlo Magnani, Un caso di diritto e letteratura. “La ragazza nella nebbia”, ovvero i paradossi della giustizia tra diritto di cronaca e gogna mediatica [A case of Law and Literature. “La ragazza nella nebbia”, or the paradoxes of justice between news right and media pillory] 
The article starts with a reflection on the relationship between constitutional law and culture. The contents of the media always offer greater interest to the lawyer. The novel “La ragazza nella nebbia” di Donato Carrisi, which was taken also as a film, is an interesting case in which the literature shows the contradictions of the investigative system. A reckless cop uses the media to create the monster, he does not use DNA or scientific evidence but the help of journalists. But this system that does not respect the rights of the alleged perpetrator has many drawbacks. A horrendous crime in a small community highlights the paradoxes of justice done in the media.

27/03/2018 – Giulia BenvenutiEliot, la città e lo Stato: The Waste Land e Corolian. Frammenti e intertestualità [Eliot, the City and the State: The Waste Land and Coriolan. Fragments and inter-textual verses]
These pages explain that Eliot, in some poems and plays, is an illuminated conservator: contra (1) the City and the State founded on the economy of the middle class, i.e. of the employers in the Banks; (2) the hollow bureaucracy of the hollow men; (3) the governance of an only man; (4) the presence in the City and in the State of an eternal undecided governor; (5) the laws of the daily life, if don’t recognize the supremacy of the cosmological laws. Eliot, in this way, is alive again.

14/03/2018 – Orlando RoselliDiritto, letteratura e una più ampia comprensione del possibile [Law, Literature and a wider understanding of ‘the possible’] 
In their tales of mankind’s experiences, the great works of literature help jurists understand the basic profiles of the juridical dimension and its continuous transformations. This essay focuses on some high literary works referring to a very long time. Through the Aeschylus’ tragedies and the Homeric epic, we can understand the slow rise of a new legal culture that surpasses the archaic one, dominated by the principle of vengeance. Machiavelli’s works show how the change in cultural paradigms leads also to the change in political and legal orders. Such as we note the work by the jurist Giovanni Battista De Luca, from the 1600s, for its focus on legal language and jurists as direct indicators of the evolution of the juridical order, to describe the juridical culture in that era the contribution by Alessandro Manzoni is more important. High literature contributes to our understanding of the social dimension of juridical phenomena.

03/03/2018 – Domenico Corradini H. BroussardSulla Medea d’Euripide. Quale diritto e dove l’amor filiale? [On Euripides’s Medea. What law and where the filial love?] 
In this tragedy, the right of murdering own sons is for a mother a real right if the husband repudiates their union and betrays their bed. But the right to life wasn’t then, at Corinth, an inviolable right?

05/02/2018 – Marcus Vinicius Xavier de OliveiraOs conceitos de ‘skandala’ e ‘falacia do mal menor’ de Arendt. Uma Leitura Transdisciplinar desde as fabulas A Ovelha Negra e O Monologo do Mal de Augusto Monterroso [The Arendt’s concepts of ‘skandala’ and ‘evil minor fallacy’. A Transdisciplinary Reading for The Black Sheep and The Monologue of Evil by Augusto Monterroso]
Through an interdisciplinary perspective, the aim of this essay is to analyze two fables by the Honduran writer Augusto Monterroso ‘The Black Sheep and The Monologue of Evil’ as interpretative keys of Arendt’s concepts of ‘skandala’ and ‘evil minor fallacy’. In this sense, it seeks, through Latin American literature, political philosophy, and law, to understand how and why, without any constraint, a pedagogy of fear becomes actual and it can be able to overthrow the very bases of contemporary society, forged on human rights and democracy.

13/01/2018 – Vittorio CapuzzaInfluenze manzoniane nelle pagine di Ignazio Silone. Innaturalità della giustizia [The Manzoni’s influence on the works by Ignazio Silone. The justice innaturality]
The essay aims to analyze two Silone’s novels, Fontamara and The Secret of Luca, to trace how Manzoni influenced these works through images and scenes that Silone took from The Betrothed. The result is that Silone and Manzoni focused on the same subject: the ease with which man transforms justice in legal order and, thanks to legal formalism, forgets virtue. Law thus becomes a mere instrument to goal-exclusive interests and passions.