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oapen-20.500.12657-554382022-06-01T03:33:10Z Diritto e violenza FERSINI, MARIA PINA bic Book Industry Communication::L Law::LB International law::LBG Private international law & conflict of laws bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNB Private / Civil law: general works With the rise of modernity, law faces an irreducible contradiction. It must stem the State’s available strength, while at the same time use this strength to make its decisions binding. The author, starting from this paradox, analyses the legal, philosophical and literary discourses of modernity to find the right tools to properly differentiate law and “vis”, overcoming two philosophical and juridical traditions: the one depicting law as a Leviathan, and the one wanting to make it immune to all forms of violence. In particular, through an unedited reading of Kafka and Melville’s narratives, she demonstrates how the modern legal systems, rather than just being instruments of control, are dreams and fantasies of non-violence. 2022-05-31T10:29:59Z 2022-05-31T10:29:59Z 2018 book ONIX_20220531_9788864538297_722 2705-0297 9788864538297 9788864538280 9788892730748 https://library.oapen.org/handle/20.500.12657/55438 ita Premio Ricerca «Città di Firenze» application/pdf Attribution 4.0 International 9788864538297.pdf https://books.fupress.com/isbn/9788864538297 Firenze University Press 10.36253/978-88-6453-829-7 With the rise of modernity, law faces an irreducible contradiction. It must stem the State’s available strength, while at the same time use this strength to make its decisions binding. The author, starting from this paradox, analyses the legal, philosophical and literary discourses of modernity to find the right tools to properly differentiate law and “vis”, overcoming two philosophical and juridical traditions: the one depicting law as a Leviathan, and the one wanting to make it immune to all forms of violence. In particular, through an unedited reading of Kafka and Melville’s narratives, she demonstrates how the modern legal systems, rather than just being instruments of control, are dreams and fantasies of non-violence. 10.36253/978-88-6453-829-7 bf65d21a-78e5-4ba2-983a-dbfa90962870 9788864538297 9788864538280 9788892730748 67 200 Florence open access
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With the rise of modernity, law faces an irreducible contradiction. It must stem the State’s available strength, while at the same time use this strength to make its decisions binding. The author, starting from this paradox, analyses the legal, philosophical and literary discourses of modernity to find the right tools to properly differentiate law and “vis”, overcoming two philosophical and juridical traditions: the one depicting law as a Leviathan, and the one wanting to make it immune to all forms of violence. In particular, through an unedited reading of Kafka and Melville’s narratives, she demonstrates how the modern legal systems, rather than just being instruments of control, are dreams and fantasies of non-violence.
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