Giocare sul serio. Il paradigma ludico tra processo e diritto sostanziale.

Translated title of the contribution: [Autom. eng. transl.] Play seriously. The playful paradigm between trial and substantive law.

Research output: Contribution to journalArticle

Abstract

The theme of “trial as a game” is situated within the broader ludic paradigm of law. In relation to both contexts, some common thematic intersections are evaluated, such as the relationship between learning and sociability, the comparison with tenson and war, the pathological drifts of hazard and gambling, the role of physicality and multisensory communication, the derivation from the sacred and the ritual dimension, the relationship with the truth as a prerequisite of justice. It is highlighted that every legal metaphor contains a potential for "openness to the possible", but also a risk of reductionism and confounding factors. Specifically, critical issues are noted regarding the idea of play as an unproductive activity, indifferent to the truth. Nonetheless, the implications of the ludic paradigm are valued as copious and stimulating, above all with reference to its capacity to describe trial and law in their various possible relational declensions and in their evolutionary potentialities, partially still unexplored.
Translated title of the contribution[Autom. eng. transl.] Play seriously. The playful paradigm between trial and substantive law.
Original languageItalian
Pages (from-to)457-482
Number of pages26
JournalJUS
VolumeLXIV
Publication statusPublished - 2017

Keywords

  • criminal justice
  • diritto come gioco
  • game analogy
  • giustizia penale
  • judicial reasoning
  • law as a game
  • paradigma ludico
  • processo come gioco
  • ragionamento giudiziale
  • trial as a game
  • truth
  • verità

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