The symbolic movements of criminal law, between imaginaries of freedom and allegories of security

Abstract

The essay addresses the experience of movement as a process of modeling reality and, more specifically, as a semantic 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 particular genealogy of cultural and social discursiveness from which the imaginary of presumed criminal risk and the consequent 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 justification to promote torrential penal legislation and a criminal law far from being a regulatory tool of extrema ratio.