A “Narrative” of the Individual-Community Relationship through the “Lenses” of Criminal Law: Three Sketches of Mystification
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Arianna Visconti
Arianna Visconti, PhD in Italian and Comparative Criminal Law (2008), is Assistant Professor in Criminal Law at Università Cattolica del Sacro Cuore (UCSC) of Milan, Italy. She is senior member of CSGP (“Federico Stella” Centre for Research on Criminal Justice and Policy) in the same University, and coordinates its research groups on offences against cultural heritage and on law and literature. She edited, with Stefano Manacorda,
Beni culturali e sistema penale , Milan, 2013; andProtecting Cultural Heritage as a Common Good of Humanity: A Challenge for Criminal Justice , Milan, 2014. She is also editor, with Gabrio Forti and Claudia Mazzucato, ofGiustizia e letteratura I , Milan, 2012;Giustizia e letteratura II , Milan, 2014; andGiustizia e letteratura III , Milan, 2016. Her other publications and studies cover defamation law, legal protection of reputation and “reputational sanctions,” theory of punishment, white-collar and organizational crimes, bribery, corruption and offences against Public Administration. She holds a course on “Law and the Arts” at the Faculties of Economics and Arts & Philosophy, and is appointed lecturer for the UCSC Higher School of Specialization in Legal Professions.
Abstract
Criminal law can be rightly considered the maximum expression of any society’s ideal image, of its Sollen, in any given time. More specifically, criminal law, also through its peculiar “expressive force,” has the power to describe (as a model) and shape (through its legitimate use of State violence) the very delicate relationship between the individual and the community, which is at the heart of any social narrative. Through the analysis of the changes undergone in the past decades by three specific features of Italian criminal law (two criminal offences, i. e. insult to a public official and false accounting, and one criminal defence, i. e. self-defence), this essay will try and retrace how this relationship appears to have changed under different political regimes and through powerful socio-economic transformations, possibly to reveal also the “deceptive” potential of criminal law itself, which we may assume to be related to its intrinsic “symbolic” quality.
About the author
Arianna Visconti, PhD in Italian and Comparative Criminal Law (2008), is Assistant Professor in Criminal Law at Università Cattolica del Sacro Cuore (UCSC) of Milan, Italy. She is senior member of CSGP (“Federico Stella” Centre for Research on Criminal Justice and Policy) in the same University, and coordinates its research groups on offences against cultural heritage and on law and literature. She edited, with Stefano Manacorda, Beni culturali e sistema penale, Milan, 2013; and Protecting Cultural Heritage as a Common Good of Humanity: A Challenge for Criminal Justice, Milan, 2014. She is also editor, with Gabrio Forti and Claudia Mazzucato, of Giustizia e letteratura I, Milan, 2012; Giustizia e letteratura II, Milan, 2014; and Giustizia e letteratura III, Milan, 2016. Her other publications and studies cover defamation law, legal protection of reputation and “reputational sanctions,” theory of punishment, white-collar and organizational crimes, bribery, corruption and offences against Public Administration. She holds a course on “Law and the Arts” at the Faculties of Economics and Arts & Philosophy, and is appointed lecturer for the UCSC Higher School of Specialization in Legal Professions.
© 2017 Walter de Gruyter GmbH, Berlin/Boston
Artikel in diesem Heft
- Frontmatter
- Special Focus – Law & Literature over the Last Decades in Italy: an Introduction
- Administrative Law Without Public Interest?
- A “Narrative” of the Individual-Community Relationship through the “Lenses” of Criminal Law: Three Sketches of Mystification
- A New Italian Family Law?
- Resource, Enemy or Refugee? Depiction of the Foreigner and Models of Immigration Criminal Law
- Labour Between Law and Literature: Historical Similarities and Critical Propositions on the Present
- Walking Tours, Subjective Maps, and Spatial Justice: Urban and Non-Urban Spaces in Contemporary Italian Literature
- Forgotten Man Indifferent Nation Contemporary National Storytelling and the Disoriented Citizen
- What Are “Common Goods” (beni comuni)? Pictures from the Italian Debate
- Research
- A Revenger’s Tragedy
- Exemplarity, Singularity and Generality. Remarks made between Law and Literature
- Book Reviews
- Book Review
- Book Review
Artikel in diesem Heft
- Frontmatter
- Special Focus – Law & Literature over the Last Decades in Italy: an Introduction
- Administrative Law Without Public Interest?
- A “Narrative” of the Individual-Community Relationship through the “Lenses” of Criminal Law: Three Sketches of Mystification
- A New Italian Family Law?
- Resource, Enemy or Refugee? Depiction of the Foreigner and Models of Immigration Criminal Law
- Labour Between Law and Literature: Historical Similarities and Critical Propositions on the Present
- Walking Tours, Subjective Maps, and Spatial Justice: Urban and Non-Urban Spaces in Contemporary Italian Literature
- Forgotten Man Indifferent Nation Contemporary National Storytelling and the Disoriented Citizen
- What Are “Common Goods” (beni comuni)? Pictures from the Italian Debate
- Research
- A Revenger’s Tragedy
- Exemplarity, Singularity and Generality. Remarks made between Law and Literature
- Book Reviews
- Book Review
- Book Review
