Scienza della legislazione penale e istanze di riforma tra punizione e riparazione

The essay fucuses on the science of criminal legislation in Italy, identifying its macro-characteristics: a networked structure, its function as a mechanism of normative production, its narrative dimension, and finally, its being a science in dialogue with other disciplines. The science of criminal legislation is also a science constantly called upon to question itself. The introduction of restorative justice has highlighted certain historical challenges within the science of criminal legislation, which is now faced with a subject that is fluid by nature, perpetually evolving, flexible in the methods it proposes, imbued with value-based and teleological elements that are difficult to define univocally, ontologically extra-penal, distant from the technicalities of the sanctioning system's mechanisms, extra-procedural yet called to resonate with the structures of the legal process.