Passing through silence: implicit precepts of law

Author/s M. Paolo Mittica
Publishing Year 2012 Issue 2012/2
Language Italian Pages 21 P. 105-125 File size 131 KB
DOI 10.3280/SD2012-002006
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This article discusses the issue of silence as a component of law, against the backdrop of the critiques put forward by Critical Legal Studies, from the eighties to the most recent contributions of Law and the Humanities, in which a relationship is drawn between silence and the philosophical, psychological and relational implications of law. The analysis starts out from the perspectives of sociology of law and anthropology of law, which lend themselves to observing the forms of regulation that are excluded by law and for considering the issues that have arisen in other spaces of regulation and expectations and about which positive law has nothing to say. The article’s additional purpose is to use silence to investigate the implicit precepts at the root of every form of relational regulation, whether formal or informal, so as to attribute values to the sentimental and emotional components that come into play in legal affairs, as in any other context of human action, so that thinking about the reality of law has a chance to become more complex.

Keywords: Silence - Law - Storytelling - Empathy

M. Paolo Mittica, Attraversare il silenzio. I presupposti impliciti del diritto in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp 105-125, DOI: 10.3280/SD2012-002006