Il rapporto tra prassi e significato: un’ipotesi a partire da alcuni casi di “efficacia senza adempimento” nel diritto ebraico

Abstract

In this contribute I shall argue that the action (praxis) people perform by referring to a given set of laws may have a specific impact on the theoretical identity (eîdos) of those laws – that’s say their meaning. This aspect may be grasped by the analysis of the kind of actions (such as the transgressions) that take place by referring to given laws, but without observing them. The transgression confirm the strength of the violated norm and, sometimes, proposes a kind of reformulation of it. Starting from these considerations it could be seen, in a more broadly sense and close to the notion of “Ontologic hemerneutic”, as every action which take place by referencing to a given set of propositions (.i e. laws) contributes, in a certain degree, to the shaping of the meaning of these propositions. In this way we may see how much material behaviour (praxis) and theoretical meaning (eîdos) may be intertwined. In the contribute I shall circumscribe my analyse with reference to the Jewish law. In order to make out this point I shall utilize the theoretical paradigm proposed by two contemporary philosophers of law and social action: Amedeo Giovanni Conte and Paolo Di Lucia. After have briefly exposed their notions, and their heuristic relevance in reference to the Jewish Law, I shall be able to expose the aforesaid thesis.