LOGOS AND CRIMINAL LAW

Abstract

The essay moves from the close correlation between philosophy and criminal law, being the word (the logos) the real starting point. Moving from the word to the discourse, the Author considers how the ten propositions of guarantee, in which Luigi Ferrajoli's “Law and Reason” is articulated, give life to a descriptive and prescriptive system, which links being and duty in the “classical” interconnection between word and reason.

The well-known theories of the Italian philosopher of law is related throughout the article with Han's statements regarding the transformations of contemporaneity that he reads from concepts such as “psychopolitics” and “infocracy”. Thus, the last part of the paper begins by considering that a reading of criminal law that claims to be exclusively rational is in fact irrational and ends by suggesting practical guidelines for the defense of the deepest guarantees of the legal system.