Il politicamente corretto come “antimetafisica radicale” e i suoi riflessi sulla scienza penale. Verso un ritorno del “tipo criminologico d’autore”?

Political correctness seems to represent the most precise and effective formulation of that dictatorship of relativism denounced by the future Benedict XVI in the Missa pro eligendo romano pontifice of 2005 as a deadly danger to European civilisation; in fact, it constitutes the backbone of a supposedly advanced legislation that is emerging at a transnational level and risks being largely oppressive of freedom of thought and press and, as such, asserting not the ethicality of the state, but, on the contrary, the ethical state. This study therefore has a twofold purpose: Firstly, it aims to theoretically outline the genesis, morphology and distinctive features of this ideological vision, recognising in it a radical anti-metaphysics with idealistic and neo-Marxist matrices; secondly, it seeks to identify, by means of the analytical tools of philosophy of law, the precise relevance that it has in the legal sphere, especially in the sphere of criminal science. In this sense, the contribution aims to illustrate how it is legitimate to find a convergence between the introjection of political correctness in the legal universe and the reappearance of the module of “criminological type of author”, sign and paradigm of a criminal law that tends more and more to disengage itself from the principle of concrete offensiveness and to fall back unilaterally on the subjective aspects of crime, in which the obscure traits of crime of opinion and political crime appear to resurface.