Manzoni: Dr. "Azzeccagarbugli"

Manzoni: Dr. "Azzeccagarbugli"
Picture by Francesco Gonin, 1840 edition of Alessandro Manzoni's "I promessi sposi"

venerdì 13 marzo 2009

Law and Italian Literature

Dear all,
We would like to create a list of Italian "Law and Literature" works on the basis of your suggestions. Remember that you can propose works about law (Law in Literature) or legal texts that can be seen, in a certain way, as literary texts (Law as Literature). You should write:
1) The author's name and date of birth (and of death, if he/she isn't alive anymore).
2) Title of the work and date of first publication.
I'm looking forward to readying your proposals!

50 commenti:

ferdinando capece ha detto...

about the topic we started talking this morning,I'd say we forgot about gianrico carofiglio,born in 61 , first publication on 2002 " testimone inconsapevole" (involuntary witness).He had been known as a judge who worked in the anti-mafia district of Bari before becoming a succesfull novelist.
"L'arte del dubbio"(art of doubt)
is a small pamphlet wich explains how to manage a questioning during a process.The important thing is his style deeply related tho the legal world that can be easily red by people who ignore law universe.

Stefania Gialdroni ha detto...

That's really a good start! The classics are great but we can't forget the world we live in. Go on!

valeria ha detto...

Hi Everybody!
Among the most famous and important italian writers I appreciate Luigi Pirandello,born in 1867 and died in 1936. He is a pillar of our literature, so he can be considered a "classic", but I think that one of his novel, "La patente", written in 1911 and then trasformend into a comedy, is a significant example of Law in Literature. Infact in this novel he speaks about the relationship between people and justice, in particular between the protagonist Rosario Chiàarchiaro, who is considered a sort of hoodoo, and the justice represented by the judge D'Andrea. Chiàarchiaro asks the judge for the licence to exercize his "profession" of hoodoo, so that he can gain from this "job". That is a paradox because Chiàarchiaro doesn't trust the justice. In this novel thre is also a sort of fear of justice and the judge D'Andrea is tortured by the sense of duty even if he knows that sometimes justice could be an instrument of social overpowering. So, I think that Pirandello gives us his idea of justice, which is caracterized by uncertainty, iniquity and also confusion.

FlaminiaCordani ha detto...

I want to suggest Giancarlo De Cataldo (Taranto 1956),first publication "Nero come il cuore"(1989).He is a novelist and a judge like Carofiglio.I think he is a good example of how the language can change if it used in the context of a court or to write a novel.It will be interesting,as Prof. Skeel said,finding out how different it is the author's style comparing his judicial writings and his novels.

Talking about what we did in the classroom, I really enjoied discussing around the lecture of Patricia William's Benetton case but, as the critiques said about legal storytelling,how do we know that the case really happen to her?The style that she used in the article was very unformal and it reminds me more a journalism'investigation than the opinion of a lawyer.

Pierluigi ha detto...

Dealing in Benetton case on Friday, I immediately remembered a reading of some years ago, I rebembered Pier Paolo Pasolini, born in Bologna on 5 March 1922. Writer, poet, journalist and director, one of the most important Italian artists and intellectuals of the twentieth century.
His first work in verse is "Poesie a Casarsa", printed in 1942. According to me more interesting is instead his first publication in prose, "Ragazzi di vita", published by Garzanti in 1955.
The story with severe realism describes homosexual male prostitution, in a way so rough to
remedy an indictment of obscenity for the pornographic nature of the Poet book, then acquitted.
Pasolini tells about a group of boys of the urban underclass of Roma to describe in reality the
social decay that affected, in the immediate post-war period, the whole of Italia.
I recommend this book because, as Benetton case and the strand of legal storytelling in general, this is a true "story" (and not a novel), witness of a not too far past and that we should keep in memory.

"Io ho voluto descrivere, con la massima fedeltà e precisione possibile, una sezione del mondo: un mondo penoso, atroce, malgrado la solare vitalità che lo pervade. Un mondo che va modificato e recuperato..."
("I wanted to describe,with the greatest fidelity and accuracy possible, a piece of the world: a world of painful, atrocious, despite the sunny vitality that pervades it. A world that must be modified and recovered...)
P.Pasolini

Pier Paolo Pasolini has been brutally murdered in the night between 1 and 2 November 1975 in Ostia, near Rome.

Pierluigi Oddone
253046

Giulio ha detto...

I'd like to mention two italian representative authors who wrote about Law (especially related to Politics):

Leonardo SCIASCIA (1921-1989) was as well a politician member of "Partito radicale". He wrote lots of mistery and detective novels about corruption and mafia that used to damage such a beautiful region as Sicily. An example of his works is "Una storia semplice",a perfectly-titled novel,very short, very "simple", because it's about one of the most usual, but at the same time most concealed, themes: Police superintendents and local governments working in connivance with Mafia associations.

Oriana FALLACI (1929-2006)was a brilliant journalist and writer. Her life is too long and full of too events to give a brief resume of it. I'd like to mention her masterpiece "Un uomo" (1979): it's the biographical novel of Alekos Panagulis, a greek non-conformist man who fought against dictator Papadopoulos and whom Oriana fell in love with. As a novel, lots of facts are told in a poetical way, sometimes covered by the depth and intensity of feelings, but it makes you think about the relationship between Law and Power. How weak is Law, how inconsistent is the justice system, how useless are international covenants and conventions on human rights when basic freedoms have been and are still now violated.

barbara d'amico ha detto...

Hi everybody,

among the current italian authors I can mention the actor and writer Marco Paolini whose docu-theatre scripts dig in the italian past giving voice to a part of our recent history often knew through trial papers and sprinkled spots of truth only.

Il racconto del Vajont is "the story of the terrible landslide in 1963 which caused the water-level of the Vajont reservoir to rise above the dam and sweep down the valley wiping out five villages, leaving 2,000 dead". In a certain way is a row witness of one of the biggest environment crime Italy ever faced.

Aside the current authors and among the first half of the XX century ones:

Carlo Emilio Gadda with Quer pasticciaccio brutto de via Merulana, a crime story useful to understand the language and the relation between population and justice in Rome during the Fascism (I'm not sure there is a translated version unfortunately);

Giorgio Bassani with the Il giardino dei Finzi-Contini. I think this is one of the finest novel ever written about the life in Italy (Ferrara) during the application of the racial laws. The novel stresses also the point on the relation between the middle-class and the jews.

Stefania Gialdroni ha detto...

About Pierluigi Oddone's comment, I would like to add that censorship will be one of the subjects we are going to deal with. Censoprship is strictly connected with some of the very fundamental rights of every modern democracy, like freedom of expression and information, and it is an important law and the humanities topic. So, don't miss Esteban Conde's lectures on Law and Cinema!

Stefania Gialdroni ha detto...

...and about Barbara D'Amico reference to Bassani's work, we are going to talk about racial laws and in particular anti-jews laws analysing Shakespeare's "The merchant of Venice".
I have a little riddle for you: is someone able to find out which play by Carlo Goldoni is certainly a typical Law and Literature play? It is almost unknown but the title is very explicit.

Francesco M. ha detto...

Good evening

Some months ago I was reading a very interessing book of professor Gustavo Zagrebelsky (born in 1943 and still in activity) that I think it could be very interessing for our research. The name of the book is "Imparare democrazia" . It's a very short essay with some reflections of the auctor (he is a very important constitutionalist). The text is very easy with not so much concepts and for this (I think) it could be understand in its content by everybody. But it's also illuminant with its not excessively technical and clear enumeration of democracy's points. This is on of the reasons that make me consider this book, in a certain way, a literary text.
But decisive probably in order to qualificate this book in that way is the second part that is an anthology of extracts from some auctors of any age, from Herodotus and Aristophanes to Orwell and Brecht.
All the extracts are considerations about democracy (and sometimes the other forms of governament) in different points of view.
Also interessing of the same autor: "Il «crucifige!» e la democrazia" and "La virtù del Dubbio" , interview about ethic and right, were is explicit the condieration about the figure of jurist/humanist.
Francesco Mambrini

barbara d'amico ha detto...

I've forgotten dates and publications ...

Marco Paolini (1956)
Book first edition: 1997 by Garzanti

Carlo Emilio Gadda (1893-1973). Book first edition: 1957 by Garzanti

Giorgio Bassani (1916-2000).
Book first edition: 1962

barbara d'amico ha detto...
Questo commento è stato eliminato dall'autore.
Portia ha detto...

In Carlo Goldoni's comedy "L'avvocato veneziano" there is link between law and literature. Goldoni makes a comparison of the "two systems against": system veins and the ius common. Goldoni exalts the virtues of his lawyer, Alberto Casaboni, noble and virtuous, that resists any passion and interest in favour of his profession.

Portia ha detto...
Questo commento è stato eliminato dall'autore.
Silvia Faranca ha detto...

Hi everybody!
I would like to suggest a classic of the Italian literature: "Dei delitti e delle
pene" (published in 1764), the best known work wrote by Cesare Beccaria (born on 1738 -
dead in 1794).
Not only was he one of the most important exponent of the Italian illuminism, but also he was
a writer, a jurist and a philosopher.
Although this work seems to be too far from nowadays reality, it shows however aspects
of great interest, especially:

1.Contents: The climax of the novel is the refusal of death penalty.
Beccaria considers that it is a war of the state against a citizen and talks
about the social utility of punishment.
The death penalty has not a social value because it lacks the function of deterrent, that instead a
moderate and certain penalty could have.
Furthermore capital punishment is counterproductive: infact it often generates in
others citizens a feeling of anger mixed with pity.
You can see an embryo of the penalty's retributive function.

2.It's also interesting to note, in addition to content, his method of writing:
Beccaria used a scientific method, he starts from postulates and arrives at the
thesis.

Moreover, I think in his analisys he joins legal problems and social reflection
and this is a good example of literature with a social commitment.
Silvia Faranca

Stefania Gialdroni ha detto...

About Fabiana Lanfranconi's (ehm...write your surname!) comment: you solved the riddle! The solution was, in fact, L'avvocato veneziano. Well done. About Silvia Faranca comment I would like to add something. I think that most of the things you wrote are exact: Beccaria was a jurist and a philosopher, the condemnation of death penalty is "the climax" of his work and many other things, but..."Dei delitti e delle pene" certainly isn't a novel! So, you can consider it a legal treatise or a legal essay, but it isn't the typical piece of literature you can find a link to law to, as it resembles more a code than a novel. Anyway your suggestion is very interesting because it gives us the opportunity to think about what is law, what is literature and what is, of course, law and literature.

Alessia C. ha detto...

Prof.Conte said us to find an Italian or French author who discussed about law and political questions.
Georges Bensoussan is a French journalist who has written this year:” A European passion”, marsilio 2009. The book tells about genocide of the Hebrews and analyzes the years from 1880 to 1914, the period just before the first world war .This because he wants to understand what happened in the human mind because someone could think to be superior than others. The book could be a reflection even for what happened later in the1935 with the issuing of racial laws of Norimberga .
Linked with the Hebraic persecution there is the diary of Anne Frank, Einaudi 1988. The diary, which was given to Anne on her 13th birthday, chronicles her life from 12 June 1942 until 1 August 1944. Anne and her family moved to Amsterdam in 1933 after the Nazis gained power in Germany and the book describes the life and the all the injustices that had the Hebraic in that period. It’s a really dramatic description especially for the fact that it’s a true history and the author was just a child who had no fault and she died as many thousands of people.
An Italian author is Primo Levi who wrote :”Se questo è un uomo “ and “La tregua”. In the first book he
Spoke about his terrible imprisonment in a German lager started in the 1943 when he was only twenty-four years old and only because he was Hebrew; in the second book ,written in the1963,that is the continuation of the story, is about his return journey from Auschiwtz to Torino. The last work of Levi was :”I sommersi e I salvati”,1986,he analyzes after many years his experiences in the lager and the responsibility of the various personages in the holocaust.
A.colorizio

Andrea ha detto...

Good evening
This is a very interesting discussion. I've read that someone has written the name of Giancarlo De Cataldo. I would like to indicate one of his most famous novels, "Romanzo criminale": it is the story of "banda della Magliana", a very dangerous criminal organization active in Rome in 1970s-1980s. De Cataldo is a very good novelist, and he shows his qualities creating three wonderful characters (Freddo, Libanese e Dandy), who are the bosses of the gang. It is a fiction based and modeled on a very true story. To know the true story of this criminal organization, I suggest another book: "Ragazzi di Malavita", by Giovanni Bianconi (born in Rome in 1960). But this is not a novel or a fiction, this is a chronicle about the criminal operations of Banda della Magliana.

Another importan italian novelist is Andrea Camilleri, born in 1925. He is the creator of the famous commissary Montalbano, played by Luca Zingaretti in the television fiction. Camilleri is a novelist who feels the problems of his beloved Sicily. Even in the novels that haven't Montalbano as the main character, we can breath the Sicilian air. Camilleri focuses on Siciliy's problems in particular, and on South of Italy's problems in general. For example, you can read "La stagione della caccia"; this little novel talks about a pharmacist who is the author of a lot of murders. The link between literature and law, in this book, is clear: the murders and the society, the passionate love, tipical of Sicily, and its dangerous consequences. I suggest this book to everyone of you.
See you soon!

Andrea Severini

alessandra simeoni ha detto...

Hi everybody!
I would like to mention Ignazio Silone (it is a pen-name for Secondo Tranquilli, born in 1900 and dead in 1978) and his novel "Il segreto di Luca" (Luca's secret, published in 1956), that I read some years ago.
The word "secret", mentioned in the title, relates to the obscure story of the main character, Luca, which, having been accused of homicide, was sentenced to life imprisonment but, after thirty years of captivity, was released due to the confession of the real guilty.
The strange thing is that everybody knew Luca's innocence but nobody defended him and even Luca didn't want to defend himself.
During the reading of the novel you'll discover that behind Luca's secret there was a deep love felt for a woman, that nobody had understood before!
1 - The novel would be interesting because of its combination of detective style and psychological one;
2 - The novel tells us one of the different ways of inquiring what people knew about the person to discover the truth;
3 - Reading this novel could be a good opportunity to understand the reason why a person accepts to be condemned, even though innocent!

valeriaferri ha detto...

My analysis on the Benetton story cannot begin without a fundamental premise: the message transmitted by the author is very important because it focuses our attention on the values of equality and respect that should be principals of human kind. I’ve had the impression to perceive today’s America reflected in the story. Like Benetton, in fact, the USA have made their force out of multiculturalism and the election of president Barack Obama stands out as an evidence of this historical all-american path toward a multicultural society.
Still, if the story is carefully analyzed, other deeper contradictions emerge out of this path toward multicultural society and its ideal values.
The point is, can values of equality really be a fundamental part of human kind’s culture and expecially of american culture by being really interiorized by each individual, or are they still part of an unreacheble and modern utopia?
Are stories like the one we analyzed instruments to educate people toward such ideal?
For example, some characteristics of the story seem to be narrated on purpose, in order to make the message touching and pathetic, in a perfect “american way”. Particularly the story, rich of pathos (for example it takes place during Christmas eve) seems to attract the readers to feel simpathetic with what happens; the style of the narration seems to me skillfully studied in order to convince the reader in a demagogical and rhetorical way, more than in a spontaneous way, of waht the rel message is . I think that the Storytelling is in a powerful, direct and incisive style, able to affect people’s consciuousness in a strong way and has to be used carefully.
The point is not objecting against the diffusion of a positive message like this one, a message which represent an absolute value, but I think that as an approach to such an important and necessary theme should we verify the reliability of the facts narrated, which should not be a simple strumentalization and construction of the past.

Andrea ha detto...

Hi everybody!
About this topic I would like to mention first of all an Italian writer Known as Italo Calvino (15th of October 1923 - 19th of September 1985)and his novel "La giornata di uno scrutatore" published in 1963.
This novel is in some ways an autobiographical novel, because the main character is definitely an alter ego of the author, and the plot is based on something that happened to Calvino himself.
The novel talks about Amerigo Ormea who was sent to overlook on the votation in a religious institution, where there were hospitalized mentally handicapped people
Ormea's aim was to control that these people to not be enforced on voting for DC by the priests and the sisters.
The protagonist understands that politics or even law are not main answer to big social problems, the whole reality is too complex to be analized by them.

I found the same relativistic thematic in Umberto Eco's Novel "Il nome della rosa" (published in 1980) (5th of January 1923-still alive), which talks about a murder committed in a Benedectine Monaster in 1327.
One of the novel's theme, is that the truth doesn't exist, the truth isn't real, isn't absolute.
We can apply this rule to law, expecially to trial:inevery trial, there is not only truth, but just the judge's (or the jury's) one, but on the processual facts anyone could say the opposite.
That's why we can often read on newspapers about judicial mistekes.

See you tomorrow

Andrea Marangoni

valentina ha detto...

Hi!
It's hard to answer this question: if I think about this kind of novel I can't find an italian author.

I find a book that can be good but it's not a novel, so I think that this is not the right answer, but I want to write something about it.

Some years ago I read a book by Anna Tortora, (born in 1935), entitled " Il caso Tortora", (published in 1996).
Like the title can suggest the book is about the legal event of Enzo Tortora, a very famous showman who was arrested and processed for "associazione a delinquere di stampo camorrista", (I don't know how to say it in english). He was innocent but the trial and the imprisonment made him ill.

Enzo Tortora's case is one of the most famous story of legal mistake in italian history and I think that is very important for a lawyer to know something about it.


See you tomorrow!!!

V. Russotto

Giorgia.c ha detto...

I think that an italian literary author who wrote about many arguments that are discussed also in family law is Italo Svevo (born in Trieste on 19 December 1861 and died in Treviso on 1928) and his book is "La coscienza di Zeno"(1923). This book is a diary of a subject who is in psychoanalysis and tells his life. In many chapters of this book, Svevo speaks about a marriage without love and adultery, that I think regard the italian family law because in Italy the adultery is one reason for ask the separation (and later the divorce) for intolerable cohabitation.

Giorgia Ciucci

Valentina D. ha detto...
Questo commento è stato eliminato dall'autore.
Stefania Gialdroni ha detto...

Hi! I just wanted to remind you all that we are going to write a list of Italian literature connected with legal topics. As Prof. Conte told you, you can also suggest some French authors but that's all.
Best

Unknown ha detto...

Hi everybody,

I am glad that someone mentioned German literature. I tried to think about an example of “moral novels” as we have been talking about last week in 19th century Germany but I had great difficulties to find an equivalent to Charles Dickens, Mark Twain, Victor Hugo and Emile Zola.

Yet in the 18th century I thought about Friedrich Schiller (1759-1805). He is mainly famous for his play “The brigands” (Die Räuber). However, there is another very interesting story – a true story – written as a criminal report in 1786 called “Criminal due to lost Honour” (Verbrecher aus verlorener Ehre). This essay describes the development of a man who is poaching in order survive to a murderer and outlaw, but never losing hope/desire to re-enter into society. The story is extraordinary because it focusses entirely on the psyche of the criminal rather than the crime itself and critises the judicial system as the political issue social rehabilitation had been entirely neglected at the time.

Caroline Westphal

Emanuela ha detto...

About the question of mentioning some italian or french authors dealing with law, I can perfectly see that the majority of my coleagues has deeply answered to the question. But going straight to the point I can't avoid to mention the title of what I consider a real masterpiece by a french author that even if not considered as poem, in my opinion is a beautiful witness of a social and political sistem in France: the title is "J'accuse" by Emile Zola. This amazing article is about a bitter fact of 1894 in France that is still known as THE DREYFUS CASE, a case in wich a Jew capitan of army, Alfred Dreyfus was accused of espionage just beacuse of his "jewish condition" in place of another german captain, the real responsable for the fact, Walsin-Esterhazy.
The publication of the "J'accuse" by Zola on the socialist newspaper "L'aurore" in 1898 was animated by the purpose to denounce the irregular and illegitim procedure against a person, Dreyfus, that could't really be considered as sin but an unlucky witness of persistent antisemitic spirit, a whipping-boy wich many historians inerpretated as the upper class's fear that the economic jew power could traslate into a political power as well.
After this article, Zola was arrested and just only after his death, the facts demonstrated the truth: Dreyfus was declared innocent.
This is just an article but if it's true that articles are a form of litterature and expression of social and political phenomena, I think that J'accuse can be considered for his pungent, narrative and catchy stile an example of critic narrative.
E. Hernandez

Portia ha detto...

good evening!today the analysis of MOV as an example of link between law and literature was very interesting.I don't want add more to the remarks made, because I think tomorrow and friday we'll deepane the discussion.I would like to share with you a thought. I think that our attention has been concentrated mainly on the figure of Shylock: he is a character particular,at the same moment victim and tormentor. But we have almost forgotten who gives name to the book: Antonio. I think in him there is the synthesis of the contradictions that Shakespeare show in the plot:love (Bassanio) vs. money (the lending);mercy vs contempt (both as for Shylock)...

See u tomorrow

F.Lanfranconi

carlo ha detto...

I want to suggest the novel of Fedor Dostoevskiy titled "Delitto e castigo"

It's a great portrait of what can be the consequences of a murder, especially in the mind of a killer.

Indeed, at the end, the prison becomes the only way for the killer to save his soul.

After all, I think this is a book that contains some interesting tensions relavant to law, particularly to criminal law.

Carlo Bellesini

Stefania Gialdroni ha detto...

About Carlo Bellesini's comment:
1) You are not registered, am I right? Write me an e-mail if you want to attend the L&H course!
2) We are trying to make a list of law and ITALIAN literature, even if it is possible also to suggest some French literature. World literature is too much!

carlo ha detto...

Sorry but I'm a fan of Dostoevskiy.

Now, Let me suggest you the novel of Alessandro Manzoni (1785-1873) titled "La storia della colonna infame" (1842, the first edition, 'couse the second is just an essay).
It's the description of what can be a bad trial, made without true evidences, real warrantee for innocents and using a questioning sistem based on the torture.
P.S. Indeed Alessandro VErri(1741-1816) ,basing on the same story, wrote the essay " Osservazione sulla tortura.

see u soon

Carlo Bellesini

alessandro ha detto...

Prof. Conte has asked us to quote some other literary Italian prof. Skeel.
The author now that I think is finally Cesare Pavese.
Definitely my choice cause of skepticism, mainly because Pavese is a very important Italian poet (Santo Stefano Belbo, 9 September 1908 - Turin, 27 August 1950).
The first edition of "Prima che il gallo canti" left in 1947, published by Einaudi.
Prison Pavese very upset, so much so that he wrote the suffering.
In "Prima che il gallo canti", a book much more personal than legal, it alludes to the betrayal of themselves and their ideals that both protagonists of the two long stories are serving with a constant and unfulfilled need for love. The young exiled to a harsh country of the South, of which the author recounts the disturbances in "Il Carcere" as the intellectual "La casa in collina" who tries in vain to escape the violent chaos of war, reflect on tragedy typical of an historical and ethical remained unresolved and perhaps irresolvable. The crisis in which every conscience is doomed to flounder in the face of the need for a civil commitment, however, that a ruthless conditioning is myth rather than history. While the aspiration of the fund, the innocence and warmth, which constituted the core of the drama of Pavese, is always betrayed, confirming the autocondamnation of solitude.
A.Festucci

Marina ha detto...
Questo commento è stato eliminato dall'autore.
Marina ha detto...

Hi everybody!
I want to suggest The Fall (French: La Chute) is a philosophical novel written by Albert Camus. First published in 1956, it is his last complete work of fiction. Set in Amsterdam, The Fall consists of a series of monologues by the self-proclaimed "judge-penitent" Jean-Baptiste Clamence, as he reflects upon his life to a stranger. In what amounts to a confession, Clamence tells of his success as a wealthy Parisian defence lawyer who was highly respected by his colleagues; his crisis, and his ultimate "fall" from grace, was meant to invoke, in secular terms, The Fall of Man in the Garden of Eden.

The Fall explores themes of innocence and guilt, freedom, and the meaninglessness of human existence.
Have a nice weekend!

M.Petriccione

Stefania Gialdroni ha detto...

Valeria Vitale:
"I want to suggest a play written by Jean Racine, "Les Plaideurs". He wrote this comedy, that is also his unique comedy, in 1668 and he was inspired by Aritofane's play "Le Vespe". The term "Plaider" means "to quarrel in a tribunal";so Les Plaideurs are both complainants and defendants. In the play there is a judge, Dandin, who wants to exercize his task without stopping;for this reason he would like to take interest in many cases. Leandro, Dandin's son, persuades his father to deal in a process about a dog which had stolen a capon. It is a ridiculos and paradoxical process, but it is a way to take Dandin's attention off the others disputes. But at the end Leandro needs Dandin's help because he wants to marry Chicanneau's daughter; he will marry her thanks to his father's sentence.
I think that in this comedy the figure of the judge Dandin is peculiar because he has a strong will and a great passion for his job"

Anonimo ha detto...

Andreina Fraia
Good evening to everyone!
I'm not sure what I'm going to suggest you is in according to what has been written before.I was listening to my younger sister,she is studying philosophy.So that I wanted to read a piece of"Critica della Ragion Pratica Pura"of E.Kant because while all the writers aren't philosophers,all the philosophers are WRITERS.Well,Kant wrote about LAW,he declared the moral action,that is the result of the categorical imperative, that is expressed with the formula of " you must”,it does not correspond with the laws of the civil government.In fact the moral behavior does not have to be guided from the pursuit of a aim or for avoiding a damage.Therefore in according to Kant Civil law comes after the moral action:The Categoric Imperative.

Valerio ha detto...

Hi everybody!
I think that, in italian cultural context, an interesting case is represented by renaissance work "BELFAGOR" of Niccolò Machiavelli.
In fact,in this work we can to read a funny description of inquisitorial judicial system of the time.
Parodying Dante's Inferno ("Stavvi Minòs orribilmente e ringhia:/ essamina le colpe ne l'intrata;/ giudica e manda secondo ch'avvinghia."), Machiavelli describes an hellish tribunal with collective structure (Pluto, Minos and Radamanth) and takes more words from legal language (in particular from Canon Law and judicial experience).
I think that Belfagor is an historical example of natural osmosis between juridical world and literary experience.
GOODBYE!

Valerio Marinelli

Alessia C. ha detto...

HI everybody,
yesterday we have spoken about “Measure for measure”. We focused especially on the first two acts; the history started with a dialogue between the Duke of Vienna Vincentio and Escalus, his trusted councillor. In Vienna depravity and sexual licence have becoming an issue and the Duke, who has decided to take a break from ruling, appoints Angelo to rule in his absence ,assisted by Escalus. The first thing Angelo does is pronounce that he is going to enforce the immorality laws to try and stump out the epidemic of “lose”living and his first occasion to do that is when a citizen , Claudio, has got his girlfriend, Juliet ,pregnant .This is considered a crime, Claudio is tried and sentenced to death. His sister, Isabella, who lives in a convent, about to take her vows as a nun, hears the news. She hurries to Angelo to beg for mercy on behalf of her brother. Angelo denies her request but as she persists he is overwhelmed by lust for her and tells her he will think about it. When she goes back the next day, he tells her that he will pardon her brother if she will do sex with him. Isabella is horrified by Angelo’s proposition and refuses.
Angelo , contrary to his name, appears as a terrible ruler; Shakespeare uses this adjectives to describe him:”Strict”, ”cold”, a man whose blood is very “snow-broth”. Angelo wants to take advantage of his higher position, so in the end, he results only as a wicked person who preaches equality and justice .I Think that in this work like in the : ”Merchant of Venice” we have a mixture of more themes like the mercy opposed to corruption and death ,the sacred and the profane, the sex and the political power.
The book is considered both a hoax and a serious political proposal , suggested to Giacomo first for his England , during the big social and religious crisis in the Elizabethan age (1500-1600).
A.Colorizio

Anonimo ha detto...

Andreina Fraia

Good morning to everyone!
In the lesson yesterday interesting are faced numerous and arguments,between these they have been a lot hit from the description of like a monarch, a head, a guide…."a man"who would have to represent a multitude would have to be.I am completely in agreement with the majority of the things that are said butI am not in agreement with the concept that this manI am not in agreement with the concept that this man would have to be almost CRUEL, ABOVE ANY EMOTION FEELING PASSION, INVOLVEMENT, FEAR: STOIC.Sure I will mistake but, creed, than “THAT MAN WHO MUST REPRESENT AND TO GOVERN STRAIGHT MANY MEN " must be a man like they, in a position to understanding their passions, miseries, fears, difficoltiesand to exceed them with its government.how puo a totally stoic monarch, a test kind " that lives in its ivory tower”, to coprendere and to know this that it is right for common people if is so far from it?
therefore I believe that the stoicism can guide a monarch which must be affection from passions, needs and emotions how much those men whom it governs BUT, HE is degree to exceed these limits and to decide that it is better without influenced from these.

Anonimo ha detto...

Andreina Fraia

Hi to everyone,
From the beginning of the course we have only faced works of Shakespeare.
Although the protagonists who we have analyzed are very different and inserted in different history I am hit by common elements that I find to all the main figures created by our English author .In fact Shakespeare does not create of the totally negative or totally positive figures: everyone has in fact a history and justifications that allow to comprise
the positions assumed during the narration.The old Shylock who want to be revenged of the situation of the its people isolationthey change their positions in the course of the history evolving, Angel that he wants to try to reach a stoic government, King John and Richard2' both two monarchs who change their positions in the course of the history evolving.
it seems to me that S., besides the many didactic-educational objectives.,it wants stuffed to understand that they do not exist bad and good but behind every bad one there is a bond that for events and other infuences of its past in the history acts negatively.So like Isabella, symmetricalally, also being positive personage it does not succeed to exceed of its limitsbeing risked to determine also negative.

Anonimo ha detto...

Andreina Fraia

Good morning to everyone,
I have found very interesting the work of kafka"the dial",in which a man it is accused of an unknown guilt and at the end executed from a mysterious court: Josef K,the protagonist, thirty years, bank employee: he is declared in arrest from two people. A process is instructd in its confronts. At first sure of himself, gradually it is crushed by a trial-like car of which it the mechanisms escape. Josef K ends in order to neglect the job, being parted to absorb completely from the requirements of the process.From that memory of the " metamorphoses " and from the comparison with the work that we are analyzing, I believe that the main topics of kafka are the guilt and the sentence. Its personages, hit suddenly from the detection of a guilt apparently disowned, endure the judgment of dark and invincible powers, are excluded in order always by a free and happy existence,that believe realized in an other dimension of the world, in an other truth. In the personages of Kafka it is the image of the man alienated from the modern industrial society and the condemned, in the middle of the society of mass, an atrocious.The human event is for incomprehensible and absurd Kafka: it is dominated sure by a law but to the man it is not given to know it, from derives the tragedy here in which the man it is dipped.A complex and inexorable mechanism crushes the man, a mechanism which moved from a logic that is not on a human scale. The human life is a succession of attempts that they are concluded with the defeat: in the “Process” the means of which it can arrange the protagonist fail, are small wheels that do not gear with the inconoscibili wheels that constitute those "mec- canismo procedurale".From this incomprensibilità and inaccessibility they derive loneliness, the impossibility to establish a relationship of adhesion with the world that it encircles to us, to find in the every day weft of gestures and events a reasonable sense,the impossibility to come true in a dimension of authenticity, the knowledge of being excluded, foreign, the sense of being one object of a determination of which one ignores the aims, the alienation.In my opinion in all its work there is an implacable testimony of the will of the man not to be overwhelmed, to say not to the reasons that humiliate the man on the earth, a not distressing one and risoluto in a desert world of illusions but not abandoned from the conscience.

Anonimo ha detto...

Andreina Fraia
Good night to everyone!
this evening while I returned to house, in car… in the middle of many men as me. . I have thought about the argument faced in class a week ago:the importance and the relationship law-man.Kafka, with his books, inspire us various riflections and positions about this theme.Own while I guided,it is realized to me of like the laws (like the street code) they are absolutely fundamental!On the road like in the life every day, everyone would make this that more it convene or important to him.the Latin brocard " homo homini lupus " is perfect for stuffed to comprise like a society without laws of no kind is a wild jungle where it gains more hard!Although the same Kafka monster in its personages the "fallibilità"of the apparatus of the justice, nevertheless of this a civil society cannot do without:therefore resorting to an other illustrious hard historical citation " lex sed lex”in order to avoid that the anarchy can carry to the mutual destruction!

Anonimo ha detto...

Good night to everyone!
Today we have made the first lesson with the Gialdroni doctor:a topic by now famous and deepened but with completely various tones and comments is faced! it has been interesting to know aspects never suspected before about an author as S. and meanwhile it has been interesting to see like a same thing can be picked in so various way!With regard to the issue it mails us to the term of the lesson, creed is improper to compare two approaches to so various S.: the colleagues who have preceded the Gialdroni doctor have the merit to be succeed themselves to make it to pick law in a so literary author as S. and therefore “has conformed " almost the thematic one to the LEGAL site in which they have been found to face it.today I have instead had like the feeling not to be in front of the usual lessons of jurisprudence and to find in an other faculty… as if we had changed scenografia… and it to me has been pleasant and interesting !Thanks

Anonimo ha detto...

Goodnight to everyone!
With regard to the task assigned to us the university professor that is to search between the legal words… words that could richiamre of the analogies with the language of the architecture, some of the many found are:
-The italian legal word DECADENZA that analogically remembers me the conditions of building that is about to collapse...like the legal situation or right with regard to which it refers.
-The italian legal word AUTORE DI UN DIRITTO remembers me an analogy with the concept very more real of material architectonic work's author instead of the abstract and figured right.
-The italian legal word ATTO COSTITUTIVO DI... remembers me strongly an analogy with the actions completed in building in order to constitute something of material like the architecture.
-The italian legal word APERTURA DEL/DELLA.. remembers me the material concept of opening something material as a door or a space in a wall of a determineted architecture like in the wall of church.Relatively to the lesson today, I am hit by the effective ascertainment of the many ties between right-architecture but me piace a lot the thought of Aristotle own in application to this continuous mobilità.come right with the human requirements.

Anonimo ha detto...

Andreina
Goodnight to everyone!
Just this evening while I walked for the magical ways of Rome, looking with more attention and greater curiosity of the usual I have been kidnapped from the thoughts to the sight of an architectureas well as simple how much absolutely near one the concept, at least for my personal opinion, of the right.An arc… or better, a great door of an ancient palace.While I analyzed it, I thought to what I had studied with regard to the modalities in order to construct it.So in front of that common architecture the KEY concept is remembered me DI VOLTA: that stone mails own in the middle of all, posedfrom as it is, by like the justice is selected regarding the others… so…, it holds all noi...com and it holds its norms (than to this concept they put)… if the justice does not hold our actions and screw: we collapse in the anarchy. after but that it holds all the others and their balance depends from that stone…

Anonimo ha detto...

Andreina
hi to every one!I have been a lot hit from the choice of the 2 films object of study and analysis for the comparazione of the world of the right and the cinema and their relationship. The film 12 hungry men has hit to me for the ability with which so specifically characteristic and characters of the legal world are rapresented, specially that American: with still simple instruments… the film on contrary is perfectly cured and balanced in every minute and second.The second one , a free world, it has hit to me to state as in the job you or a legal discrimination or in the comparisons of the aliens who of the women, it is exceeded by the immigrants through the development of any job to any condition and from the women through a kind of intellectual and physical prostitution.

Anonimo ha detto...

(FIRST OF ALL EXCUSED THE NOMINATIVE CASE THAT APPEARS BUT I HAVE MISTAKEN THE PASSWORD WITH THE NAME AND… I DO NOT SUCCEED TO SET UP IT NEWLY)I'm Andreina
Good morning to everyone,
during the lessons on CINEMA we have almost always picked in the rappresentation of the law and the right in the films: elements negatives and criticsor in the starved film " 12uomini " or in " in a free world”… the jurisprudence it is reprocesses like something a lot far from the justice concept.But this is visual an incomplete one as there are also films rich of principles and utopiche fights that almost pick romantici aspects of the right, the law and its guarantors.An example than I assert could be found in “schegge of fear " and " Erin brockovich”. .come in many others.Therefore the cinema becomes also master or grandfather who tells history stimulating the head and the heart: paideutica function of the new millenium!

Anonimo ha detto...

ANDREINA FRAIA

Good morning to everyone!!
some day ago, I I have gone to see a criminal trial and I am remained hit from the gestural expressiveness, the gestures and the way to move of the lawyer.Therefore, I have thought that we have not never estimated “how much CINEMA/TEATRO " us is own during a process.The lawyer " recites " with emphasis a speech that without this PHYSICAL AND ORAL INTERPRETATION. it would not be the same one!Perhaps FICTIO IURIS for excellence and that it hits the attention of the iconografisti… is own thi" TEATRALITà"of the real profession of lawyer… especially in some withins!

Anonimo ha detto...

ANDREINA FRAIA


Good night to everyone!
I was about to go to sleep and I thought today beautiful and emotion lesson.I am in agreement with all this that is said by the university professor but, I thought next to the catartica function of music in Plato.This famous and brilliant philosopher said that the monarchs, like those which they exercised charges in a position to weighing on the people they had to get rid with I listen of music, from the passions or distractions or what can determine difficulty in reigning or to govern people much full load of requirements and differences!Therefore, in my humble opinion: music also like lenitivo for the application of the just one and felt law.In fact, like today in classroom, music allows to enter in contact with the more intimate parts of ours...… the worse one of the LAWYERS would even be guided in the better application of a provision!

Anonimo ha detto...

ANDREINA FRAIA

GOOD NIGHT TO EVERYONE!
Today I have been the last lesson… I am in difficulty in trying to express the sadness feeling that I have tried when the last performance to the plan of Enrico is finishedgreeted all and the Prof.re Count has greeted all!While I write this, perhaps last, blog… I remember the day of some month ago make when I have read of this course and, made curious, I have decided to go…
Arrived to the conclusion I only now realize of the harmony and cohesion who have created themselves in this kind of " university class ", than I I hope of being able to not only maintain in my memories but also in the university"quotidianità".
Going beyond the produced aspects of “filia " from this sharing, I cannot that to invite all my friends and knowing to attend a course that culturally enriches them and stimulates… beyond the study of the right and, to the maximum, of its interpretation!address.I love my address university… this that study… but, often, I have felt the requirement not to see in the norm the dead women and the parching of every other expression of the human mind…The course deal The course with clarity and enthusiasm like the law is in relationship with all this that is expression and cause of a cultural evolution that goes hand in hand if not anticipating the same one with clarity and enthusiasm like the law is in relationship, inside,I have loved to be able to listen to something new, I have loved to be able to design in the room.i can listening to the piano and its magical consequences.Finally something of legal but itsn't done in not legal way....a distance in order to arrive to the right comprising it in aware and critical way!
therefore I thank all and i invite
who has not still taken advantage of such “appointment with a world of the made right " of converses and not of fixed orders that of it exclude a vision complete and moving.The reflections will lack me on the lessons… and to write on the blog.
Good night to all!