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ISLL - Italian Society for Law and Literature, Via Matteotti, 1, Urbino (2026)

24/04/2023

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Prisco, Salvatore (2023) La guerra, la pace, il compito del giurista. Voci dalla grande letteratura russa dell’Ottocento.

Abstract: The essay identifies in the opposite attitude of the main characters of Dostoevskij’s The legend of the Grand Inquisitor the models of realism and utopianism respectively in the relationship between man and power. It brings back into this scheme the opposing positions of Schmitt and Kelsen related to international law in the years following the First World War, identifying the task of the democratic jurist, after the end of the Second World War, in the research and construction of institutions and stages in order to progressively approach, in a solid and concrete way, the goal of global peace looking at the principles without rhetoric and without any illusion of an easy and definitive implementation.

[War, peace and the role of the jurist. Voices from the great Russian literature of the 19th century] The essay identifies in the opposite attitude of the main characters of Dostoevskij’s The legend of the Grand Inquisitor the models of realism and utopianism respectively in the relationship betwe...

22/04/2023

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Roselli, Orlando (2023) Humanities e l’interrogativo di cosa si intenda per diritto. L’orizzonte del giurista oltre la ‘parzialità’ del diritto positivo.

Abstract: The meritorious IX National Conference of ISLL, through the specific view of narrative dimensions, stimulates a reflection on what should be under-stood by “law”: such a not surprisingly “recurring” question (Hart) is constantly reiter-ated with reference to various historical periods and different latitudes. In its “differ-ent perspectives”, the Law and Humanities binomial goes far beyond a mere cultural ex-ercise: it compels us to reflect on the multifaceted variability and mutability of the constitutive factors of the “legal dimension” (syntagma dear to Paolo Grossi), which go beyond the sole provisions' implementation. The varied artistic and narrative mani-festations represent instruments to understand the human condition with which the law must relate. Multidisciplinarity and attention to artistic expression are a must for a contemporary jurist. The jurist can only be a Siddhartha, a seeker (Hesse) who is not afraid to discover uncharted lands and can sail bravely through the sea storm of unsatisfied orderly needs.

[Humanities and the question of what is meant by law. The horizon of the jurist beyond the “par-tiality” of positive law] The meritorious IX National Conference of ISLL, through the specific view of narrative dimensions, stimulates a reflection on what should be under-stood by “law”: such a ...

21/04/2023

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Riberi, Mario (2023) L’eredità dei giusti. Falcone, il tempo sospeso del volo di Nicola Sani e Falcone e Borsellino di Marco Tutino.

The essay examines two recent operatic works: Falcone e Borsellino. L’eredità dei giusti by Marco Tutino and Falcone, il tempo sospeso del volo by Nicola Sani. These operas represent two different examples of a “musical theatre of memory” that, bringing on stage two protagonists of Italian history, interrogate the audience about the legacy left by these two pivotal figures, who paid with their life their desire of justice.

[The Legacy of the Good Men. Falcone, il tempo sospeso del volo by Nicola Sani and Falcone e Borsellino by Marco Tutino]. The essay examines two recent operatic works: Falcone e Borsellino. L’eredità dei giusti by Marco Tutino and Falcone, il tempo sospeso del volo by Nicola Sani. These operas re...

19/04/2023

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Massaro, Antonella (2023) La “giustizia cinematografica”: un’alternativa al processo mediatico?

Abstract: The concept of “cinematographic justice” refers to films, not so numerous, that tell stories about criminal proceedings that are still in progress. These are films which, at least under certain conditions, can influence public opinion and, through it, the dynamics of the proceedings. Although there are critical points, starting from the presumption of innocence, the impression is that the “elegance” of the cinema can be a partial alternative to the noisy mobilization of public opinion through the trial by media, especially in those cases where the distance between Law and Justice becomes macroscopic and intolerable.

[“Cinematographic Justice”: an Alternative to Trial by Media?] The concept of “cinematographic justice” refers to films, not so numerous, that tell stories about criminal proceedings that are still in progress. These are films which, at least under certain conditions, can influence public op...

17/04/2023

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Di Maria, Elena (2023) Tra diritto e narrazione. Peruonto e La Palomma ne Lo cunto de li cunti di Basile.

Abstract: This paper aims to investigate the relations between legal and literary word, starting from Lo cunto de li cunti (The Tale of Tales) by Giambattista Basile, a popular collection of fairy tales, short stories, eclogues, and songs, written in Neapolitan dialect of the seventeenth century. The ambition is especially to approach the relevance of “magic word” in narrative and legal discourse, exploring the iastemma (curse) working as a law sanction in two short stories: Peruonto and La palomma.

[Between Law and Narrative. Peruonto e La palomma in Lo cunto de li cunti by Basile]. This paper aims to investigate the relations between legal and literary word, starting from Lo cunto de li cunti (The Tale of Tales) by Giambattista Basile, a popular collection of fairy tales, short stories, eclog...

15/04/2023

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Rossi, Giovanni (2023) Storie esemplari ed istruttive nelle Intercenali di Leon Battista Alberti, tra letteratura e diritto.

Abstract: Leon Battista Alberti in the Intercenales makes original and creative use of the Aesopic model and proposes, between the serious and the facetious, stories that contain a political moral and offer the reader some reflections on the rules for running the state. The narration of the vicissitudes of a variegated bestiary, anthropomorphic in its passions and weaknesses, offers us a penetrating glimpse into the internal dynamics of the civitas, the use of power and the mechanisms that determine the succession of political regimes. In this context, laws must remain unchanged, to ensure the preservation of tradition against the temptation to innovate without criteria and with often disastrous results. Thus, some principles of a philosophical matrix emerge from Alberti’s histories, ready to be translated into positive laws, in the conviction that law can give order and stability to the restless and conflicting becoming of social relations, with a view to achieving the common good of the res publica.

[Exemplary and instructive stories in Leon Battista Alberti’s Intercenals, between literature and law] Leon Battista Alberti in the Intercenales makes original and creative use of the Aesopic model and proposes, between the serious and the facetious, stories that contain a political moral and offe...

14/04/2023

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Bartoli, Roberto (2023) L’arte come ispirazione del limite per il giurista.

Abstract: Law, above all criminal law, needs limits and art, above all that which deals directly with law (but perhaps it would be better to say with justice), through its unveiling force through contemplation educates to the awareness and sensitivity of this need for limit, helping to forge the ethics of jurists.

[Art as the inspiration of the limit for the jurist]. Law, above all criminal law, needs limits and art, above all that which deals directly with law (but perhaps it would be better to say with justice), through its unveiling force through contemplation educates to the awareness and sensitivity of t...

12/04/2023

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Stanzione, Giovanna (2023) La donna tra rappresentanza e rappresentazione nel diritto e nell’arte.

Abstract: This paper investigates the normative role that the artistic, social and literary representation of women has had on the juridi-cal concept of female representation. The paper highlights a fil rouge that links all the different topics covered: Rousseau’s Discourse on Inequality, the poetic controver-sies between the poet Ecouchard Lebrun and the poetess Constance De Salm, the ban on women from representing the n**e in fine arts academies, the exclusion of wom-en from the legal professions, the elaboration of the italian legal category of infirmi-tas sexus, the meaningful history of the constitutional creative process of the art. 51 cost. it.

[Women in art and law: image and representation] This paper investigates the normative role that the artistic, social and literary representation of women has had on the juridi-cal concept of female representation. The paper highlights a fil rouge that links all the different topics covered: Roussea...

12/04/2023

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Mazzoleni, Emil (2023) Le radici giuridiche della fiaba popolare.

Abstract: The analysis of normative representations in literary texts is one of the main lines of the studies in the context of the relationship between Law and Literature. In this area of research, the folktale is certainly one of the richest narrative forms for the original legal motifs, precisely because of its historical origins in the oral tradition. Over the centuries the folktale has consequently become a pedagogical model of legal communication, assuming the social function of transmitting to the new generations the founding rules of civil living. In this sense, the possible legal canons in the folktales are not just fantastic elements, but also real folkloric rules and, specifically, a historical legacy of realistic normative phenomena (both substantive and procedural). The purpose of this paper is therefore to show how the folktales collected by the brothers Jacob and Wilhelm Grimm can be interpreted as a hermeneutic guide to modern Law.

[The Legal Roots of Folktale] The analysis of normative representations in literary texts is one of the main lines of the studies in the context of the relationship between Law and Literature. In this area of research, the folktale is certainly one of the richest narrative forms for the original leg...

10/04/2023

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Guerra, Stefano; Zolea, Sirio (2023) Berlin Alexanderplatz: paradigma narrativo della crisi costituzionale di Weimar.

Abstract: Berlin Alexanderplatz deeply reveals the landscape of the human society from where this novel originates, with its anxieties, ambitions and deceptions, but, at the same time, it expresses universal contents, capable of surviving its own time and becoming an admonishment for the next generations and a source of inspiration for the jurists of our time. Our paper explores the relationship between social crisis and constitutional crisis of Weimar, scrutinizing narration and law on the trail of Döblin and highlighting how the literary legacy of this author shows all its newness in the current time of accelerated transformations, encouraging the interpretative sensibility of the jurist in the direction of an aware defense of constitutional solidarity as an antidote to the new threat of an imminent barbarity.

[Berlin Alexanderplatz: narrative paradigm of the constitutional crisis of Weimar] Berlin Alexanderplatz deeply reveals the landscape of the human society from where this novel originates, with its anxieties, ambitions and deceptions, but, at the same time, it expresses universal contents, capable o...

08/04/2023

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Scagliarini, Simone (2023) La fantascienza al servizio del diritto: l’esperienza del Red Team.

Abstract: The contribution of literature and of the overall field of the humanities is functional to jurists not only in order to interpret the law, but also in its planning and drafting phase. The reflection on legal drafting and on the stakeholders’ participation in the elaboration of public policies and regulatory acts has long been mature, but, so far, it has neglected the opportunity of gathering inputs from actors engaged in these sectors, even outside the disciplines in which they are directly concerned. Especially interesting, in this connection, is the contribution that science fiction can provide, in a society characterized by swift technological developments and in which artificial intelligence is extending its possible applications to every area of activity. And indeed, science fiction often allows to imagine future scenarios that should be considered on time. Very significant, in this perspective, is the French government’s experience that, through the Red Team project, involved writers, screenwriters and science fiction designers for the elaboration of military policy for the next decades. An example that could well also be used in other contexts of legislative drafting, where the contribution of the arts could be useful not only in the moment of application of the law, to define the terms of the scenarios in which the operator carries out his activity, but also in the initial stage of the law.

[Science Fiction in the service of the Law: the experience of the Red Team] The contribution of literature and of the overall field of the humanities is functional to jurists not only in order to interpret the law, but also in its planning and drafting phase. The reflection on legal drafting and on....

07/04/2023

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Franca Filho, Marcilio Toscano (2023) Guerra, musica, pace e diritto internazionale.Un saggio sul potere delle sonorità.

Abstract: Volodymyr Zelensky delivered a speech during the Grammy Award 2022, in which he said that the war in Ukraine had brought a horrible silence of death. War, however, is not just silence. War has a sound. And it’s not just the sound of bombs, the screams, the anti-aircraft sirens or the shots. There are also martial hymns, trumpets, drums, the cadence of the march, and battle chants that encourage troops and frighten enemies. This has been the tragic, thunderous melody of war for many centuries. The article explores the sounds and silences of war, not just in Ukraine, and speculates on the role of music in peacemaking, peacekeeping, peacebuilding and peace enforcement processes.

[War, Music Peace and International Law]. Volodymyr Zelensky delivered a speech during the Grammy Award 2022, in which he said that the war in Ukraine had brought a horrible silence of death. War, however, is not just silence. War has a sound. And it’s not just the sound of bombs, the screams, the...

ISLL - Italian Society for Law and Literature

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