Capolavoro di giustizia. Appunti su esemplarità e perdono nella giustizia penale

[Autom. eng. transl.] Summary: 1. Intender cannot. Talking cannot be proved by anyone; 2. A rainbow of "strong" and "fragile" experiences. Almost a warning; 3. The exemplarity of forgiveness; 4. A justice-masterpiece; 5. The law and the "work of memory". Forgiveness catalyzes and makes the insoluble questions rise indefinitely: time, with the aporetic dialectic between past, present and future, between the presence of absence and being-state, between the mutability of action and eternal immutability of having-done; the memory, with the pungent appeal to the unprescription and the inextricable tension between remembering and forgetting, remembering and "putting aside"; responsibility, with the drama of irreparability and inexhaustibility; justice, with the excruciating ballast of forgivability and "impunity". Forgiveness represents a challenge and an affront to law and, even before, to the very idea of justice. The essay approaches the theme of forgiveness, reading it in the mirror of the philosophical-political category of exemplarity. According to the author, forgiveness speaks in the manner of examples. And much has to be taught about justice and "exemplary" forms of response to the crime, so different and far from the more usual and traditional ones. Taking inspiration from the fact that the example category is born within aesthetics, the Author's proposal is to imagine that forgiveness is to justice as the "masterpiece" to the work of art. This opens up a path of theoretical reflection on how a legal order and a justice system can incorporate forgiveness with suitable policies and legal cultures that can favor it, without distorting it, starting from a re-semantization of the problem of responding to the crime and of the function of the law that the author links to the "work of memory".