Matteo Caputo

The essay is inspired by a research project about the concept of rationality in law/rationality and law, and deals with how criminal law forces itself to contain drifts of irrationality as in committing crime as in imposing punishment. By a ‘genealogic’ approach, the author analyzes the circumstances under which the rationality principle is appeared in the controversial history of criminal law, and observes two main areas whereas the clash rationality/irrationality became hardier...