Il sindacato della Corte di cassazione sul travisamento della prova

Sect. 606, par. 1, e), as modified by Law 46, enacted on Februray 20th, 2006 introduced the chance to appeal to the Court of cassation in case of inconsistent reasoning and extended control on its existence and on other flaws and lack of obvious logic over the text of the contested decision, namely “to other acts the process specified in the grounds of burden”. The renewed provision seems to properly reappoint the “distortion of the evidence”, i.e. the omitted or distorted evidence that could be relevant and conclusive one, in the peculiar context of the grounds' vice. After a general review of the obligation to state reasons for judicial decisions, we analyze the innovative status of the vice of “distortion of evidence” and the conditions and the limits - defined by the law - within we can contest a resolution for illegitimacy. Then, we outline the systematic spin-off brought by the new form of sect. 606, par. 1, e) on some institutions in the code of criminal procedure. Finally, we make the role of the Court of cassation clear in the modern criminal trial, since the 2006 reform gave no definite answer on this fundamental aspect of the question.

La psicologia della Gestalt. Ricerche teoriche e sperimentali sulla percezione sonora e musicale (1890-1939)

The aim of the present work is a historical survey on Gestalt trends in psychological research between late 19th and the first half of 20th century with privileged reference to sound and musical perception by means of a reconsideration of experimental and theoretical literature. Ernst Mach and Christian von Ehrenfels gave rise to the debate about Gestaltqualität which notably grew thanks to the ‘Graz School’ (Alexius Meinong, Stephan Witasek, Anton Faist, Vittorio Benussi), where the object theory and the production theory of perception were worked out. Stumpf’s research on Tonpsychologie and Franz Brentano’s tradition of ‘act psychology’ were directly involved in this debate, opposing to Wilhelm Wundt’s conception of the discipline; this clearly came to light in Stumpf’s controversy with Carl Lorenz and Wundt on Tondistanzen. Stumpf’s concept of Verschmelzung and his views about consonance and concordance led him to some disputes with Theodor Lipps and Felix Krueger, lasting more than two decades. Carl Stumpf was responsible for education of a new generation of scholars during his teaching at the Berlin University: his pupils Wolfgang Köhler, Kurt Koffka and Max Wertheimer established the so-called ‘Berlin School’ and promoted the official Gestalt theory since the 1910s. After 1922 until 1938 they gave life and led together with other distinguished scientists the «Psychologische Forschung», a scientific journal in which ‘Gestalt laws’ and many other acoustical studies on different themes (such as sound localization, successive comparison, phonetic phenomena) were exposed. During the 1920s Erich Moritz von Hornbostel gave important contributions towards the definition of an organic Tonsystem in which sound phenomena could find adequate arrangement. Last section of the work contains descriptions of Albert Wellek’s studies, Kurt Huber’s vowel researches and aspects of melody perception, apparent movement and phi-phenomenon in acoustical field. The work contains also some considerations on the relationships among tone psychology, musical psychology, Gestalt psychology, musical aesthetics and musical theory. Finally, the way Gestalt psychology changed earlier interpretations is exemplified by the decisive renewal of perception theory, the abandon of Konstanzannahme, some repercussions on theory of meaning as organization and on feelings in musical experience.