Amor Fati: On ‘Crimes of Passion’ in Portuguese Law

Abstract

The timelessness of the matters of love and heartbreak is evident from the place that these themes have historically held in the literature. Fictional representations of love and estrangement are frequently recovered within legal reasoning, because of the nature of the stories portrayed, or the ethical-normative judgements and frames of reference on which their literary enunciation is based. In the field of law, the formal structuring of these matters and its penal relevance draw on ‘crimes of passion’ as an example and a sign of the legal conditions, interpretative constructs, and sociological conceptions that organize and give meaning to subjects, facts, and norms. Whether it is the cause that justifies the fact, a mitigating factor that modifies the crime or punishment, or a particularly reprehensible and perverse circumstance, this ‘crazy little thing called love’ has provoked and shaped different levels of censure and comprehension throughout history. That very elasticity is the starting point for this article, which examines the legal frameworks and the legal, literary, and historical imaginations that circulate and connect diverse interpretative communities, as well as the discursive debates over authority and normativity, in the different fictions and functions linked by their aspiration to truth and justice.