A Normative Imagery: Legal Metaphors Between Islam and the West
摘要
In this chapter, I will explore the idea of “normative imagery”, intended as a set of metaphors, images and visions aimed at explaining and making sense of the legal sensibility of a given civilization, with particular reference to the Western and the Islamic worlds. In these contexts, law is indeed a culture-specific phenomenon, whose conceptualization and categorization greatly vary depending on the cultural milieu in which it develops. Therefore, each civilization does not simply shape a determined legal order, but also proper intellectual instruments, like metaphors and images, to understand it and to explain its rationales and aims. This is particularly true for the Western civilization, with its Christian and Roman heritages in turn having established their own visions of reality, and for Islam, which gradually developed a complex and multifaceted order grounded on a divinely revealed normativity. By analyzing this usually underestimated aspect of law, it will be eventually possible to deepen our knowledge of legal phenomena going beyond the positivized dimension of rules and norms, and embracing an entire normative Weltanschauung.