download ISLL Papers Vol. 8 / 2015
ISLL Papers Vol. 8 / 2015. Bologna: Italian Society for Law and Literature (ISLL), ISBN 9788898010608. DOI 10.6092/unibo/amsacta/5578. 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
22/12/2015 – Donato Carusi, Da una terra di confine [From a border land]
Almost one hundred years ago, german-speaking Südtirol passed under Italian sovereignty. This brief essay, moving from Sepp Mall’s novel Wundränder, resumes the tragic facts that followed and in this way renews eternal questions about political status and integration of minorities.
08/10/2015 – Nuria Rodriguez Gonzalo, About resentment
This paper analyses resentment as one of the main triggers of the war in all its forms: from the bloodiest, primitive and cruel, to the most diplomatic. To paraphrase Sigmund Freud: cultural evolution will lead to the internalization of our aggressive tendencies, which will bring both beneficial and dangerous consequences if we do not learn to metabolize these violent tendencies; for this reason it is vital to try and understand how resentment works. Among others, the following authors are quoted: Gottfried Wilhelm Leibniz; Friedrich Nietzsche; Gilbert Keith Chesterton; Hans Kelsen; Simone de Beauvoir; Nelson Mandela; Daniel Gallegos Troyo; Eligio Resta; Bill Clinton; and Alma Delia Murillo.
29/08/2015 – Jeanne Gaakeer, Practical Wisdom and Judicial Practice: Who’s in Narrative Control?
By way of a preview of the forthcoming 27th IVR Special workshop proceedings on ‘Memory and oblivion, the harmonies and conflicts of law, reason, and emotion,’ we publish the contribution presented by Jeanne Gaakeer. In this article Gaakeer focuses on the Aristotelian requirements for the art of good judging in connection to the suggestions made for the role of emotion in adjudication as developed in the interdisciplinary fields of Law and Literature and Law and the Humanities.
22/06/2015 – Marcilio Toscano Franca Filho & Maria Francisca Carneiro, I sapori del diritto. Una libera congettura sul gusto della giuridicità. (‘Menu Degustazione in Quattro Portate’). [Tastes of the Law. A guess about the taste of juridicity. (A four courses tasting menu)]
Like a banquet, this paper is served in four courses: from the opening aperitifs to the concluding desert. The menu demonstrates the intimate relationship between food and culture, similarly to the relations developed between Law itself and culture. From this initial panorama that approaches food and Law to culture and, therefore, to language, we scrutinize which flavors more adequately express what contemporary juridicity tastes like. Sweet? Salty? Raw? Stewed? Roasted? This gastronomical discussion serves as the theme for a reflection on the Epistemology of nowadays Law, based on some theoretical considerations by thinkers like Susan Sontag, Colette Brunschwig, and Camara Cascudo. Finally, instead of drinks, the reader is served the bibliographical sources with which this paper was fed.
15/06/2015 – Geo Magri, Tra diritto, giustizia e regole sociali. La trilogia Mozart Da Ponte [Between law, justice and social rules. Mozart/Da Ponte trilogy]
Lorenzo Da Ponte worked together with the most famous composers of the XVIII century. He wrote the libretto of Mozart’s ‘Nozze di Figaro’, ‘Don Giovanni’, and ‘Cosi fan tutte’. Da Ponte and Mozart were seduced and deeply influenced by the ideals of the American and French Revolution and by philosophers like Rousseau and Voltaire. In this essay, the author would analyse the trilogy from a legal point of view, looking for aspects that normally are underestimated. In ‘Le Nozze di Figaro’, for instance, there is a quite interesting description of law and lawyer in the ancien régime. ‘Don Giovanni’ turns around the idea of justice and punishment and ‘Cosi fan tutte’ inspires some considerations on legal and moral rules.
30/05/2015 – Domenico Sivilli, Il mito di Prometeo: disobbedienza, dono e ordine politico [The myth of Prometheus: disobedience, gift and political order]
This paper aims to analyse, from a socio-anthropological perspective, the Greek myth of Prometheus as a prescriptive narration. The paper especially wants to point out the conflicted and complementary relationship between Zeus and Prometheus, which leads to two important consequences for the community: 1) defining correct religious behavior, 2) setting of political principles and praxis. Both regulatory outcomes aim for human society survival. In this sense the gift of fire (given by Prometheus) becomes the symbol of knowledge and technology (i.e. our specific means of survival), but also the badge of disobedience, that is the basis of democratic thought against any form of authoritarianism.
06/05/2015 – Jaime Francisco Coaguila Valdivia, ‘Es el juez realmente un poeta? Algunas palabras en voz alta sobre la antologia ‘ Jueces en la Literatura Chilena de Aristoteles Espana (Is the judge a poet?)
This paper aims to analyze whether is possible the construction of a ‘literary judge’ in the Latin American context. In particular it explores the legal imagination and the literary narratives by Chilean judges, by taking as a comparison the works by Enrique Lopez Albujar, a Peruvian judge and poet. Finally it proposes a poetic justice based on the alterity.
09/04/2015 – Annalisa Verza, Aspetti e dinamiche della sfida migratoria nel capolavoro di F. Brusati Pane e cioccolata (1973) (Aspects and Dynamics of the Challenge of Migration in Brusati’s Masterpiece Bread and Chocolate)
This paper analyzes the masterpiece Bread and Chocolate, by F. Brusati, so as to illustrate the work’s ability to condense many of the major sociological and theoretical implications of the migratory phenomenon. These range from the particular historical and economic configuration that forms its backdrop to the characterization of migration as a ‘breakaway’ phenomenon, giving rise to ‘chain migrations’; from the migration of women (and their children) to the ‘internal restrictions’ that cultural enclaves within liberal societies often impose on their own members; from ‘self-redeeming’ spiteful reactions triggered by humiliation to the attraction-repulsion experienced toward the idea of assimilation.
21/03/2015 – Giulia Benvenuti, La verità alla prova. Riflessioni sul contraddittorio (Truth on trial. On adversarial principle)
La verità alla prova (Truth on trial) is a book by Giulia Benvenuti. Quid est veritas? We cannot answer without analyzing the difference between ontic truth and truth of the case. The ontic truth lies in the ‘eventum’, in what happened in the past. The truth of the case, however, lies in the ‘inventum’, in the reconstruction and evaluation of the facts that come out from the papers and other evidence of the process. Not always the found truth corresponds to the sought truth. Already in the Gospels there is the testimony of a miscarriage of justice. And the miscarriages of justice keep reiterating. Jesus: the story of men in the history of a man. And every man may have Kafka’s Mr. K story: ‘Like a dog!’.
10/03/2015 – Gilda Nicolau, Norbert Rouland et Jean Benoist, Voyages aux confins du droit. Entretiens, Presses Universitaires d’Aix Marseille, coll. Inter-normes, Aix Marseille, 2012
Gilda Nicolau reviews Voyages aux confins du droit, a book that presents a dialogue between Norbert Rouland (jurist) and Jean Benoist (doctor), both professors who elected the way of a fruitful comparison with Anthropology.
06/02/2015 – Teresa Pasquino, Antigone, Creonte e il Coro. Tra νόμος e ἄγραπτα νόμιμα (Antigone, Creon and the Chorus. Between νόμος and ἄγραπτα νόμιμα)
This contribution aims to discuss the conflict between written and unwritten laws that Sophocles represents in Antigone, in which the famous dilemma develops through the contrast between Creon and Antigone. The author analyzes, first, Creon’s character: the king who is anxious to restore the order and the destiny of the State and to preserve his pride, which might be adversely affected by the act of a woman. Second, she considers Antigone, who is absolutely faithful to the blood ties, and defends her reasons in name of the unwritten and steadfast laws of the gods that transcend human authorities. The Chorus, which is in the middle, critically observes the excesses of both.
19/01/2015 – M.F. Carneiro, E.R. Venturi, L.A. Becker, What is the Smell of Law? First Assumptions for the Semiotics of Juridical “Matter”
This article is a semiological approach to a possible smell of Law, considering that the area of semiotics may include any of the five senses. Based on the perception of Law being represented by the Latin expression ‘Fumus boni juris’, we conjecture here if the smell of Law would be the smell of smoke, also describing its structures. From that point on, we discussed the structures of the juridical matter.