Abstract

Rodolfo Sacco developed the idea of “mute behaviours” during his studies on mute law. The notion of “mute behaviours” denotes an action that is able to mould a legal relationship without any use of language. Certainly, this concept may give rise to some doubts in relation to the attribution—to a behaviour qualified as mute—of the capability to affect dynamics involving a plurality of people. Aiming to clarify the idea of “mute behaviours” by this point of view, the authors analysed the semiotic terminology used by Sacco himself to explain this notion and the issue of its silent nature. Therefore, the terms “signifying signs” and “symptoms”, deemed by Sacco—respectively—incompatible and compatible with the theory of mute behaviours were considered. The former term was traced back to the notion of conventional and arbitrary sign, the notion of the latter was reconstructed linking it to the concept of signs based on signification and suggesting a possible framework in view of the idea of “presentative meanings” developed by the philosopher Guido Morpurgo-Tagliabue. Clarified this dichotomy by a terminological analysis, the authors noticed—as affirmed by Rodolfo Sacco himself—the impossibility to ascribe the notion of gesture to the mute behaviour’s category, as some exegetes proposed. Consequently to this last remark, the authors tried to analyse the relationship between gestures and “mute behaviours”, identifying the category of “sema-pragmatic acts”, that includes gestures and may be seen as an intermediate phase between “mute behaviours” and legally relevant behaviours operated by speaking.