La proportio quale trait d’union tra continuum e discretum nel diritto

Paolo Savarese366-393

Abstract: The Proportio as Trait d’Union between Continuum and Discretum in Law

Aiming to shed light on the profound effects of the digital revolution on the way of understanding and implementing law, the essay analyses the distinguishing between analogue and digital starting from the distinction between continuum and discretum. After ascertaining the impossibility of dissolving the continuum in the discretum and at the same time the impossibility of dissociating the two, the essay takes up Dante’s definition of law, centred on the notion of proportio, noting its close link with analogy in both philosophical and mathematical terms. Finally, an application of proportio in the legal field is sketched out, taking it as a categorial filter of King Solomon’s famous sentence.