Dalla strumentalizzazione populistica allo sguardo verso la persona: l’attenzione della politica penale alle emozioni tra cura e giustizia

Abstract

The connection between care and justice hinges on the emotional dimension of the individual, that is, on the virtuous potential of emotions in relation to the propensity for care. An important legal application of this approach can be found in restorative justice and the consideration it gives to the emotions of the parties in conflict. In this sense, the emotional dimension takes on a unique role in the dynamics of criminal justice: no longer as a negative element but as a resource. Is it possible to convert these perspectives of good use of emotions into criminal policy as well? The aim of this paper will be to explore the issues arising from the relationship between emotions and criminal policy, a particularly problematic area exposed to the risk of populist-security tendencies.