Human dignity, micro-requisition, home cultivation of marijuana. Some cases at the crossroads between letter of the law and speech of lawyers
Journal title PARADIGMI
Author/s Carlo Sotis
Publishing Year 2016 Issue 2016/1
Language Italian Pages 15 P. 65-79 File size 178 KB
DOI 10.3280/PARA2016-001006
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This study focuses on two particular profiles of linguisticality of the law. The first profile draws the attention on the reasons for it was deemed appropriate not to use the syntagm "human dignity" in the Italian Constitution in order to establish human dignity as its very foundation. The second one relates to a particular issue of judicial syllogisms within the field of criminal law, that is, some cases when an occurrence meets the descriptive meaning of a specific case, but does not meet the normative meaning expressed by it. Despite the customary issue, this analysis relates to cases that cannot be solved by means of traditional instruments, and for which criminal judges result in not being able to properly justify their pronouncements.
Keywords: Linguisticality of the law, human dignity, typicality, drug cultivation, micro seizure, token.
Carlo Sotis, Dignità umana, microsequestri e coltivazione domestica di marijuana. Alcuni casi al crocevia tra lettera della legge e discorsi dei giuristi in "PARADIGMI" 1/2016, pp 65-79, DOI: 10.3280/PARA2016-001006