In un tempo, come il nostro, dove l’autorità dello Stato è messa sempre più in discussione da ragionamenti pseudo-garantisti c’è bisogno di attuare un vero e proprio programma di restaurazione del concetto stesso di autorità. Oggi, troppo spesso, la legge viene messa tra parentesi in nome della sociologia buonista: sta prendendo piede una nuova preoccupante ideologia giuridica che potrebbe essere denominata “giustificazionismo sociologico” dell’illegalità.
Secondo i dogmi This new method of observing the existing legal there would be sources of justification for any form of illegality. A Rumanian rapes a woman? The justificationism kindly explains that the Eastern people are biologically more inclined towards violence. A gang of niggaz put fire to a small town in Calabria? The justificationism is pleased to make us think about the sociological causes of extreme hardship faced in the rioters. Of the insane Islamic terrorists blow themselves up in a public place, killing hundreds of innocent people? The justificationism tells us that after a response is a bit 'too radical but still comprehensible to Western imperialism.
We live in a historical moment in which ethical, legal and political environment we are witnessing a true short circuit between causes and effects. The very concept of punishment - which involves the violation of the law - is constantly questioned, relativized and depleted by reasoning that base their arguments on smoky discutibilissime sociological premises. Each type of deviation or error is now justified on the basis of a socio-economic assessment of the agent: the sense of personal responsibility - a concept that underlies all Western law - has almost disappeared. But
really believe that the law should be packed, weighed, or worse, tailored to each sociological type of situation? If we recognize that the principle of equality of the law is still the guiding star of action we must understand that modern legal not matter the socio-economic conditions of any offender, the law must punish with the same standards and with the same rigor .
It 'clear that if the person who steals an apple is a non-possessing the negative ethical judgments on the theft itself is very relaxed state of need of the agent. Must not be less of a legal opinion about the abuse committed, because if you held the good, the application of the penalty, excuse the state of need, then there is a relativization total of the law.
The Western law derives, like it or not, the Ten Commandments: The table of rules dictated by God to men does not contain any variant of the sociological imperatives they contain. The objectivity of the standard was the constant development of European law. E 'with the modern legal affirmation of the Enlightenment that has gradually seen a relativization of the concept of substantive law.
The situation is gradually taking hold in Europe, but especially in Italy, is worrying, because next to the aforementioned desire to sociological excuses to justify any kind of wrongdoing is gaining a real fashion denigration against the self-defense. The tendency to speak of "self defense" and not of "legitimate defense" is in itself indicative of the fact that we tend not to consider the conduct aimed at defending his own person, their families and their property as a right. Contrary to what is fashionable modern legal state in the universe - and following the words of the jurist Ligurian Vittorio Mathieu - it is right to classify the "legitimate defense" as a duty, not only as a right: "You can come to kill for exercise a duty and self-defense is a case of this kind. "
front to explode the boisterous "justificationism sociological" is to rediscover the essence of the law firm. Not the judge who must restore ex post equality: the court should confine itself to the veracity of the facts and, where applicable, the penalty applied. Who should take action to improve society is political: it is he who must seek to remove obstacles that stand between a life of dignity and respect for the law.
E 'must recover as soon as the direction of state authorities. Without forgetting that it is the duty of defense to every man, because - as Ernst Junger wrote - "the inviolability based on the breadwinner of the home that presents itself on the doorstep brandishing an ax. "
Emanuele Pozzolo
0 comments:
Post a Comment