This article investigates how the neuroscientific studies can become useful to unveil the “mute” dimension of law and determine its “appearance”. It is not a coinci-dence that a sensible anthropologist such as Roderick MacDonald imagined law as an ice-berg where its emerged peak, visible above the water, represents the written law, while the most substantial submerged part represents all theimplicit and inferential aspects of the law. Looking at the historical reality, the image is far from being defined. After broadly rethinking some of Rodolfo Sacco's reflections about the existence of "mute law", here the following considerations attempt to highlight the importance that neurosciences could have in forming the theoretical basis of the sources of law by better defining the physiolo-gy of the regulatory production processes

Le neuroscienze come strumento di "emersione" del diritto muto

Gusmai A
2017

Abstract

This article investigates how the neuroscientific studies can become useful to unveil the “mute” dimension of law and determine its “appearance”. It is not a coinci-dence that a sensible anthropologist such as Roderick MacDonald imagined law as an ice-berg where its emerged peak, visible above the water, represents the written law, while the most substantial submerged part represents all theimplicit and inferential aspects of the law. Looking at the historical reality, the image is far from being defined. After broadly rethinking some of Rodolfo Sacco's reflections about the existence of "mute law", here the following considerations attempt to highlight the importance that neurosciences could have in forming the theoretical basis of the sources of law by better defining the physiolo-gy of the regulatory production processes
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11586/255133
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