The crime of honor belongs to the earliest phase of the Western legal tradition, the era of Roman law, as an expression of a, tribal but socially shared, mode of constructing private justice and defense of decorum and respectability of the family by the father or by the husband of the illegally "violated" woman. It runs through the medieval and modern history and lands in the Italian criminal legislation of nineteenth - twentieth century: first in the Zanardelli Code of 1889, then in the Rocco Code of 1930. It appears worthy of interest that even the fascist State, that tends to attract, in a totalitarian way, every single aspect of political and social life of the nation in its orbit of regulation and control, allows the persistence of a perimeter of relationships that can be entrusted to the private dimension of reprisal and revenge. In fact, contrary to what happens in general for other crimes against the person, the penalties that the penal Code provides for the murder (or for the infanticide) for reasons of honor remain very mild, and this circumstance constitutes an objective encouragement for everyone to take the law by himself. After protract and farraginous journalistic, scientific and parliamentarian discussions, the murder for reason of honor was abolished in Italy in 1981(with the same legal measure which abolishes the “shotgun wedding”). This eloquent chronological fact testifies the tough nature of prejudices on family roles of men and women that the passage of time has barely scratched.
The crime of honor: an Italian story
Ernesto De Cristofaro
2018-01-01
Abstract
The crime of honor belongs to the earliest phase of the Western legal tradition, the era of Roman law, as an expression of a, tribal but socially shared, mode of constructing private justice and defense of decorum and respectability of the family by the father or by the husband of the illegally "violated" woman. It runs through the medieval and modern history and lands in the Italian criminal legislation of nineteenth - twentieth century: first in the Zanardelli Code of 1889, then in the Rocco Code of 1930. It appears worthy of interest that even the fascist State, that tends to attract, in a totalitarian way, every single aspect of political and social life of the nation in its orbit of regulation and control, allows the persistence of a perimeter of relationships that can be entrusted to the private dimension of reprisal and revenge. In fact, contrary to what happens in general for other crimes against the person, the penalties that the penal Code provides for the murder (or for the infanticide) for reasons of honor remain very mild, and this circumstance constitutes an objective encouragement for everyone to take the law by himself. After protract and farraginous journalistic, scientific and parliamentarian discussions, the murder for reason of honor was abolished in Italy in 1981(with the same legal measure which abolishes the “shotgun wedding”). This eloquent chronological fact testifies the tough nature of prejudices on family roles of men and women that the passage of time has barely scratched.File | Dimensione | Formato | |
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