ISLL Papers 2013 (Vol. 6)

download ISLL Papers Vol. 6 / 2013

ISLL Papers Vol. 6 / 2013. Bologna: Italian Society for Law and Literature (ISLL), ISBN 9788898010592. DOI 10.6092/unibo/amsacta/5577. 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.

08/12/2013 – Daniel Garcia Lopez, Josè CALVO GONZALEZ, Direito curvo. Trad. de André Karam Trindade, Luis Rosenfield y Dino del Pino, Posfacio de Lenio Luiz Streck, Livraria do Advogado Editora, Porto Alegre, 2013, 78 pp. 
Daniel Garcia Lopez reviews the recent book Direito curvo by José Calvo.

11/11/2013 – Jeanne GaakeerThe Literary Judge: A Dutch Experience
We publish the contribution presented by Jeanne Gaakeer to the SW on Law and Literature titled “Law and Literature: Experiences from My Country,” organized at the 26th IVR World Congress held 21st to 26th July 2013 – Campus of the Federal University of Minas Gerais (UFMG), Belo Horizonte, MG, Brazil. In this essay, Gaakeer provides an overview of a concrete experience in Law and Literature from the Netherlands, namely, a Law and Literature course that she designed a few years ago with the Dutch Training and Study Centre for the Judiciary, and which she is still teaching with that center: the course, titled “Language, Literature, and the Judiciary,” reached its fourth year in 2013 and is part of the permanent curriculum for the training of Dutch judges.

28/10/2013 – Giovanni BombelliG. Forti, C. Mazzucato, A. Visconti (a cura di), Giustizia e letteratura 1, Vita e Pensiero, Milano 2012, pp. 680
Already appeared on Munera (cittadella editrice rivista europea di cultura), ISLL re-publishes a review by Giovanni Bombelli on the recent book edited by G. Forti, C. Mazzucato, A. Visconti, Giustizia e letteratura 1 (Justice and Literature), Vita e Pensiero, Milano 2012, pp. 680.

27/10/2013 – Orlando RoselliIl diritto come linguaggio. Riflessioni sulle trasformazioni del linguaggio e delle funzioni del diritto (The Law as Language. Reflections on the transformation of language and the functions of law)
Language, like law, is continually changing and each transformation preserves its traces; like a legal order, language is a complex living organism, extremely sensitive to the needs of the individuals and the societies who use it. Those needs form the foundation of rules and transformations (net of any mental archetypes that mark deep inside the structure). Perhaps we could say that the law is a product of a dual cultural process: one, related to the dynamics attributable to a contemporary social context, and the other pertaining to the emergence of a dimension ingrained in the depths of the language. We need to promote a round order structure that represents the instrument of “agreement”, a real “language” of knowing how to understand. Law could be the instrument of this language, in the moment it is agreed to represent the common basis of living together in a new multi-ethnic, multi-religious, multi-cultural society; the litmus test of the direction in which you orient society.

27/09/2013 – Maria Francisca CarneiroLaw and Proportions: Interdisciplinary and Semiotic Foundations for an Idea of Justice
This paper deals with the existence of proportions in the universe, in nature and in science, inquiring whether this concept is merely a human creation. It examines the way proportions have been related historically to the concept of beauty and harmony, especially in aesthetics and art. This leads to reflections on the idea of proportions implicit in the concept of justice, highlighting the juridical principle of proportionality. Considering that present-day societies are complex and therefore generate juridical paradoxes, we examine the question of the symmetrical and proportional forms in chaos, namely fractals. We inquire whether it is not now time to think in terms of modes of multidimensional equilibrium in juridical theory, and we seek to base the idea of justice on the concept of proportions, in an interdisciplinary way.

09/08/2013 – Pablo Sanchez IglesiasChronicle Of A Death Foretold. Collective Guilt Disguised As Fatality
When a crime breaches the code of honor that a community has agreed to honor and abide by, it is the community as a whole, and not just the immediate parties, who has an interest in seeing the guilty punished so that its social order can be restored. From this perspective, Chronicle of a Death Foretold does not portrait the drama of fate or fatality, but the drama of collective responsibility: the murder of a man follows a community consent that overcomes the reluctance of the actual perpetrators.

01/07/2013 – Alessandro Salvador‘La musica è un tutto, e il diritto? Riflessioni di un giurista a margine di un recente libro di Daniel Barenboim (‘Music is a Whole, and Law ? Some thoughts from a legal standpoint on a recent book by Daniel Barenboim)
The aim of this article is to investigate the analogy between Music and Law. Firstly, it deals with some common features of the two languages, reproduction, and interpretation (2-3). Other shared ‘areas’ are highlighted such as creativity, live performance, sensitivity, improvisation, and musical and juridical intuition (4). A dedicated section supports the argument that, due to their human essence, both music and law cannot be satisfactorily rendered by electronic intelligence through automated devices (5).  Finally, the author draws some conclusions on the role of music in giving a better understanding of the law (6).

22/05/2013 – Massimiliano OraziLa giustizia di Durrenmatt. Diritto, giustizia e letteratura (The Durrenmatt’s Justice: Law, Justice and Literature)
This paper aims to specifically analyze two novels by Durrenmatt: The Promise and Justice. The novels reveal that justice doesn’t have an epistemological foundation. So justice cannot act in the reality. However, the man has to bet on this possibility, otherwise, he/she risks falling into the absurd dehumanizing. Durrenmatt doesn’t give a definitive solution. No to truth, no to justice. The most important is to understand the limit of the human condition and, without being afraid of the unstable ground of our reality, to research progressive improvements to limit the damage. In short, even if we remain poised on the paradox, it can change the way we stay inside.

06/03/2013 – Francesco ZiniExcursus: arti figurative e diritto. Postmodernità giuridica e arte informale: oltre la misura della regola e della figura (Excursus: Arts and law : Postmodernity legal and informal art: beyond the measure of the rule and the figure)
Informal art goes beyond even this limit, giving the freedom of artists the ability to create new images, shapes, or “handles” attributable to ordinary language. In this sense, the informal role of the artist is similar to the post-modern lawyer: the lawyer must also find a rule to apply to the “blank sheet” of legal, which sometimes contradicts each other. The post-modern jurist continuously seeks a ‘recta ratio’ in the intersection of the multiplicity of sources and interpretations. The complexity of the sources, validation criteria, creative law, and customary law put the lawyer in the same position as the postmodern artist informal: “search in the desert a trace”.

02/02/2013 – Sabrina PeronCome un cane! il processo, la colpa, la vergogna, la sopravvivenza (Like a dog! Process, Guilt, Shame, Survival)
In this paper, the author examines the relationships between The Process by Franz Kafka and The Mystery of the Process by Salvatore Satta, with the aim of understanding the dark side of the judicial decision.

28/01/2013 – Csaba VargaLiterature? A Substitute for Legal Philosophy?
Anglo-American, French, German, Spanish, and Hungarian variations to ‘Law and Literature’ are surveyed, and conclusions as to its nature are formulated. It recalls what is infinite infallibility, not transparent in simplicity; situations we cannot avoid deciding albeit we may not get to a final understanding. Life-substitute helps us to look out for our unsurpassable destiny. For it bridges the gap between the law’s proposition and the case of law, with tensions confronting the general and the individual, the abstract and the concrete. Literary fiction is a symbol of life reflected so that human fate can be represented.

17/01/2013 – Alfonso MalinconicoL’incomunicabilità in Melville e Pirandello: Billy Budd e Saru Argentu
Pubblichiamo questo articolo comparso in ‘Il diritto e il rovescio. La gravità della legge e la sostenibile leggerezza delle arti’ a cura di Raffaele Cavalluzzi, Pasquale Guaragnella, Raffaele Ruggiero (Pensa MultiMedia Editore, Lecce 2012), per ricordare l’opera di Alfonso Malinconico, scomparso il 6 gennaio 2013, magistrato e uomo d’arti.

10/01/2013 – István H. and Gusztáv SzilagyiWhy Do Not Feminists Read Agatha Christie?
Seeking an answer to the question posed by the title, this paper investigates several aspects of Agatha Christie’s works that are of importance from the feminist legal theory’s point of view. Do these writings have a certain critical potential against the institutions of patriarchal society, bourgeois morals, or especially the law? Do they show possible ways of resistance? Do they express the feminine experience and worldview,  the way of thinking and tolerance based on the principle of love? The paper concludes that the disregard of ‘the queen of crime fiction by the feminist legal theory is partly the consequence of her conservative social criticism, and to a certain extent due to the metaphysical layer of her fiction.