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Passing through silence: implicit precepts of law
Journal Title: SOCIOLOGIA DEL DIRITTO  
Author/s: M. Paolo Mittica 
Year:  2012 Issue: Language: Italian 
Pages:  21 Pg. 105-125 FullText PDF:  131 KB
DOI:  10.3280/SD2012-002006
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This article discusses the issue of silence as a component of law, against the backdrop of the critiques put forward by Critical Legal Studies, from the eighties to the most recent contributions of Law and the Humanities, in which a relationship is drawn between silence and the philosophical, psychological and relational implications of law. The analysis starts out from the perspectives of sociology of law and anthropology of law, which lend themselves to observing the forms of regulation that are excluded by law and for considering the issues that have arisen in other spaces of regulation and expectations and about which positive law has nothing to say. The article’s additional purpose is to use silence to investigate the implicit precepts at the root of every form of relational regulation, whether formal or informal, so as to attribute values to the sentimental and emotional components that come into play in legal affairs, as in any other context of human action, so that thinking about the reality of law has a chance to become more complex.
Keywords: Silence - Law - Storytelling - Empathy

M. Paolo Mittica, Passing through silence: implicit precepts of law in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp. 105-125, DOI:10.3280/SD2012-002006

   

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