11 THE ITALIAN LAW JOURNAL NO. 1 (2025)
Tu Solus Sanctus. Tullio Ascarelli and the Quality of Mercy
by Christopher Heath Tullio Ascarelli in his article Antigone and Portia contrasts Antigone’s (‘Calvinistic’) and Portia’s (‘probabilistic’) perception of justice. This contribution argues that perceptions of justice in the ancient, polytheistic world were probabilistic rather than absolute, making Antigone an exception in her time. Monotheism liberated mankind from oppression and lawlessness at the price of becoming subject to justice. The perception of justice as divine has led to self-empowerment, but brought about intolerance towards non-believers, in addition to a rigour that has not led to peace. The perception of justice as oppressive is a leitmotiv both for Shakespeare and for Mozart who both contrast justice with mercy. Recognising that in Christianity, justice is not a divine quality but a human task helps to accept the probabilistic and discursive nature of justice that is the most promising formula for harmonising peace with justice, impersonated by Portia who pleads for mercy and who ultimately brings about justice by discourse without upsetting the social or legal order. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
