Come un frattale. Rilevanza contravvenzionale del vestire religiosamente o culturalmente connotato e paradigmi penalistici “in diversa scala”.

Translated title of the contribution: [Autom. eng. transl.] Like a fractal. Contraventional relevance of religiously or culturally connoted clothing and penal paradigms "in different scales".

Research output: Contribution to journalArticle

Abstract

Taking cue from the fractals theory, the paper evaluates the hypothesis of functional homothetia of law, according to which different levels of legal systems interact dynamically and show similar characteristics at different scales of magnitude. Specifically, the paradigm of the “enemy criminal law”, usually referred to the most serious state reactions to radical violations of civil coexistence, is experimentally applied to minor crimes provisions, related to a reduced social concern and punished with moderate sanctions, to territorially limited hermeneutical indications and to lower courts jurisprudence. The individual clothing choices, whereas essential crime elements, are analyzed as presumptions of harmful or dangerous intentions, based on uncertain and implicit sociological generalizations, which leave on the defendant the burden to overwhelm prejudicial interpretations and the risk of lack of proof. To include the gravity of conducts and penalties requirement in the “enemy criminal law paradigm” is framed as a mere conventional and definitional option, within the broader “opposition paradigm”, whose critical efficacy is highlighted with reference to the examined cases.
Translated title of the contribution[Autom. eng. transl.] Like a fractal. Contraventional relevance of religiously or culturally connoted clothing and penal paradigms "in different scales".
Original languageItalian
Pages (from-to)307-351
Number of pages45
JournalJUS
Volume2018
Publication statusPublished - 2018

Keywords

  • Enemy criminal law
  • Lombardia
  • Lombardy
  • chaos theory
  • diritto e abbigliamento
  • diritto penale del nemico
  • law and clothing
  • multiculturality
  • multiculturalità
  • teoria del caos

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