UNA PROSPETTIVA « DIABOLICAMENTE UMANA » SUL RAPPORTO TRA NORMA E SANZIONE NELL’ORDINAMENTO PENALE

A recent normoteoretic perspective offers the opportunity to examine a profile that is a prodromal to the usual penalistic reflection on the legitimacy and effectiveness of penaltie. The focus is on the overall system balance between rules and sanctions, on the assumption that the sanctioning excess of a legal rule (such as that found in some representative samples of recent Italian criminal legislation) signals and deepens the defect of understanding and real control of social phenomena, just mirroting a stretch of our age that sees the knowledge replaced by information and the ability to have real experiences canceled by a temporality atomized in a succession of moments. The legal-literary perspective (“law and literature”,”justice and literature”) and in particular an interactionist interpretation of Goethe's Iphigenia in Tauris, illuminates how much such excess leads away from a human (albeit diabolically) model of law and aggravates the more general motivational deficit of modern secularized liberal democracies.