Literature as an Instrument of Legal Defense
María DE HOCES LOMBA
Original title: La Literatura como instrumento de defensa jurídica
Published in
Keywords: Apology, Audience, Classicism, Defense, Humanism, Law, Legal, Literature, Oratory, Persuasion, Petition, Rhetoric.
Based on prestigious literary works and the academic training and personal experiences of its authors, it is possible to establish a real and useful relationship between Law and Literature, so the former is capable of influencing Literature beyond mere fiction. These works, which we would call literary defenses would be able to achieve full effects in the real world, directly affecting the lives of their creators, thus fulfilling the intention with which they were written. They could be considered a subgenre on their own, because this insertion of Law in Literature originates a literary work in depth and form, being capable, at the same time, of displaying effects like a legal document.
The Political project and juridical production of Alphonse X. Considerations on the Relationship between Text and Context in some variants in his prologues
Daniel A. PANATERI
Original title: Proyecto político y producción jurídica en Alfonso X. Consideraciones sobre la relación texto-contexto a partir de algunas variantes en sus proemios
Published in Ramon Llull. Seventh centenary
Keywords: Law, Monarchy, Politics, discourse, manuscripts.
The aim of this paper is to show how discursive variants stated in the prologues of the juridical works by Alphonse X –in particular, the Siete Partidas– become essential elements for the analysis of changes in his political projects. In this regard, I intend to show the ways in which alphonsine juridical writings are connected to their context, in order to understand the different communicative strategies that are present in those texts as a part of the changes and adaptations that were influenced by historical events.
The right of life and death in war in De iure belli libri tres (1598) by Alberico Gentili (1552-1608)
Giuliano MARCHETTO
Original title: Il diritto di vita e di morte in guerra nel De iure belli libri tres (1598) di Alberico Gentili (1552-1608)
Published in The World of Tradition
Keywords: Death, Law, Life, Power, War.
In war, there are situations in which one side is given the power of life or death over the other. The medieval legal tradition tries to bring this power back into law and to limit it. The Italian jurist Alberico Gentili in his work De jure belli libri tres (1598) represents, in the modern age, the attempt to offer an interpretation of war as an instrument of justice and therefore regulated in every aspect by the law. Gentili’s theory is the opposite of a different tradition, ancient but always resurfacing in history, which instead sees war as a place from which law is absent, is silent and only violence, which includes an unlimited vitae necisque potestas, thus becomes the origin of law and of every new power and order.
