Ancora su diritto e giochi
DI MARCO Q. SILVI
ABSTRACT – In this paper I investigate some differences between law and games and some relations that can be established between ludic systems and legal systems. My purpose is to show the limits and pitfalls inherent in the metaphor of law as a game, and to criticize the use of that metaphor in the philosophy of law. To this end: (a) I try to identify some elements of specificity that connote the ludic experience, and that distinguish it from the legal one; (b) I analyze the phenomenon of the legal regulation of games, in order to show that the game, although regulated by law, always preserves its autonomy and conceptual priority; (c) moving from Borges’ short story, La loteria en babilonia, I propose a mental experiment on the possibility that a game is used to produce law, in order to confirm the goodness of the analyses under (a) and under (b).
KEYWORDS – Methaphor of Law as a Game, Ludicity, Legal Regulation of Games, Jorges Luis Borges.