Abstract
Taking its inspiration from an analysis of the Tiepolo trial and from Sciascia’s
text 1912 + 1, this essay considers two important observations Sciascia made
about criminal trials. On the one hand, he notes that the judicial institutions,
though seeming transparent in their use of everyday language, often involve
considerable interpretive complexity, which obliges lawyers to seek out
precise meanings in order to avoid dangerous assumptions or simplifications.
Premeditation, of capital importance in the Tiepolo trial, is a case in point, and
this essay will focus broadly on its premises and the ways in which premeditation
is established. Sciascia further notes that criminal trials are, in part, a cultural
product of the society in which they occur, and thus the particular stereotypes
of an age are much in evidence. The essay will comment on the relationship
between criminal trials and society, and in its conclusion, explore the ways in
which they can assume importance in the cultural evolution of a society and
thereby become a means of overcoming stereotypes.
Titolo tradotto del contributo | [Autom. eng. transl.] Premeditation is nothing but premeditation. The Tiepolo process between literature and law. |
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Lingua originale | Italian |
pagine (da-a) | 75-89 |
Numero di pagine | 15 |
Rivista | TODOMODO |
Stato di pubblicazione | Pubblicato - 2014 |
Keywords
- Diritto penale
- Letteratura
- Omicidio
- Premeditazione
- Scaiscia
- Stereotipi e processo penale