I movimenti simbolici del diritto penale, tra immaginari di libertà e allegorie della sicurezza

Abstract

The essay addresses the experience of movement as a pro-cess of modeling reality and, more specifically, as a seman-tic and socio-semiotic device of influence of the political antagonism between freedom and security in the criminal field. Starting from a specific feeling of justice that seeps from the ‘symbolic’ criminal law, it aims to comment that par-ticular genealogy of cultural and social discursiveness from which the imaginary of presumed criminal risk and the con-sequent need to foresee exemplary punishments takes off, in the movement of history. Ultimately, the essay argues how the danger of the decline of criminal law always lurks in the movement of society, i.e. the real possibility that movement is read without iuris prudentia and therefore only as a justifica-tion to promote torrential penal legislation and a criminal law far from being a regulatory tool of extrema ratio.