Developing the research approach followed in a previous essay (Règles et techniques de la definition: La synecdoque française), in La Sineddoche (1984) Monateri's pioneering analysis discloses the strategies of legal discourse, insisting on the rhetoric devices used to enunciate, to declare, or to express and explicate the rules. Exploring the interfaces between contract and property through a comparative study of France, Germany and Italy, Monateri brings to light the shadow line that divides (or dissociates, insofar as the Author speaks of an inherent, underlying dissociation) law from its interpretation. In this perspective it is possible to unveil the synecdoche that frequently recurs in the linguistic formulations employed to define the operational rules: there is a clash between the rule declared and the operational rule, as the first denotes or specifies only a part of the second, keeping the lid on specific elements. Monateri's study has two major implications. The first deals with the epistemological understanding of Law and its ontological statute. In fact La Sineddoche professes the radical refusal of the metaphysical unity of Law arguing that what we understand and define as Law is the product of competing models and conflicting texts consciously interpreted by an elitist community of ingenious lawyers, who act as the skilful selectors of figures of speech and forms of expression. The second implication deals with the interrelations between law and cognitive sciences. La Sineddoche shows that relation between perception, reality and thought is firstly rhetorical; it could be said logic only on a secondary level. The phenomenological and ontological structure of Being are communicated by the means of figures and tropes. On this ground Monateri's analysis is one of the first attempts to depict the figuarality of Law and to construct a theory of representational understanding of a normative world.
La Sineddoche. Formule e regole nel diritto delle obbligazioni e dei contratti
MONATERI, Pier Giuseppe
1984-01-01
Abstract
Developing the research approach followed in a previous essay (Règles et techniques de la definition: La synecdoque française), in La Sineddoche (1984) Monateri's pioneering analysis discloses the strategies of legal discourse, insisting on the rhetoric devices used to enunciate, to declare, or to express and explicate the rules. Exploring the interfaces between contract and property through a comparative study of France, Germany and Italy, Monateri brings to light the shadow line that divides (or dissociates, insofar as the Author speaks of an inherent, underlying dissociation) law from its interpretation. In this perspective it is possible to unveil the synecdoche that frequently recurs in the linguistic formulations employed to define the operational rules: there is a clash between the rule declared and the operational rule, as the first denotes or specifies only a part of the second, keeping the lid on specific elements. Monateri's study has two major implications. The first deals with the epistemological understanding of Law and its ontological statute. In fact La Sineddoche professes the radical refusal of the metaphysical unity of Law arguing that what we understand and define as Law is the product of competing models and conflicting texts consciously interpreted by an elitist community of ingenious lawyers, who act as the skilful selectors of figures of speech and forms of expression. The second implication deals with the interrelations between law and cognitive sciences. La Sineddoche shows that relation between perception, reality and thought is firstly rhetorical; it could be said logic only on a secondary level. The phenomenological and ontological structure of Being are communicated by the means of figures and tropes. On this ground Monateri's analysis is one of the first attempts to depict the figuarality of Law and to construct a theory of representational understanding of a normative world.
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