Deleuze has always fought the doctrine of judgment, arguing that a life can affirm itself only by fighting against the judgment, namely the abominable power to segment and weaken the existence. At the same time, however, Deleuze has continually praised the jurisprudence, which is the activity of judgment for excellence. It is a polarity between a low (moral) grade and a high (ethical) grade of the experience. In this paper, retracing the courses of the Eighties, I explore the ethical tenor of the jurisprudence, considered as a practice of the absence or of the problematic nature of the concept and as a selective action on social situations. In second place, through the analysis of the relationship of the jurisprudence with the social normativity, I prove that the judicial creation is not necessarily progressive. Finally, I try to bring out the existence in Deleuze of a critique of jurisprudence attentive to the historicity of the ways of judgment and existence, which does not separate the inventive capability of interpretation from the fact that it is also a function of power. At the end of this path it will be clear that the text of Deleuze allows to reassess the critical attitude of the philosophy of law, which has as a subject the socio-historical tenor of the exercise of justice, the ways in which the criteria of imputation are defined, the relative unconscious formations and subjective positions.

Il tenore etico o morale del giudizio. Note su diritto e filosofia nella riflessione di Deleuze sulla giurisprudenza

BRINDISI, Gianvito
2016

Abstract

Deleuze has always fought the doctrine of judgment, arguing that a life can affirm itself only by fighting against the judgment, namely the abominable power to segment and weaken the existence. At the same time, however, Deleuze has continually praised the jurisprudence, which is the activity of judgment for excellence. It is a polarity between a low (moral) grade and a high (ethical) grade of the experience. In this paper, retracing the courses of the Eighties, I explore the ethical tenor of the jurisprudence, considered as a practice of the absence or of the problematic nature of the concept and as a selective action on social situations. In second place, through the analysis of the relationship of the jurisprudence with the social normativity, I prove that the judicial creation is not necessarily progressive. Finally, I try to bring out the existence in Deleuze of a critique of jurisprudence attentive to the historicity of the ways of judgment and existence, which does not separate the inventive capability of interpretation from the fact that it is also a function of power. At the end of this path it will be clear that the text of Deleuze allows to reassess the critical attitude of the philosophy of law, which has as a subject the socio-historical tenor of the exercise of justice, the ways in which the criteria of imputation are defined, the relative unconscious formations and subjective positions.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11591/368136
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