Cosa Nostra - Definition

Definition

It is difficult to define exactly, the single function, or goal, of the phenomenon of the Mafia. Until the early 1980s, mafia was generally considered a unique Sicilian cultural attitude and form of power, excluding any corporate or organisational dimension. Some even used it as a defensive attempt to render the Mafia benign and romantic: not a criminal association, but the sum of Sicilian values that outsiders never will understand.

Leopoldo Franchetti, an Italian deputy who travelled to Sicily and who wrote one of the first authoritative reports on the mafia in 1876, saw the Mafia as an "industry of violence" and described the designation of the term "mafia":

the term mafia found a class of violent criminals ready and waiting for a name to define them, and, given their special character and importance in Sicilian society, they had the right to a different name from that defining vulgar criminals in other countries. —Leopoldo Franchetti, 1876

Franchetti saw the Mafia as deeply rooted in Sicilian society and impossible to quench unless the very structure of the island's social institutions were to undergo a fundamental change.

Some observers saw "mafia" as a set of attributes deeply rooted in popular culture, as a "way of being", as illustrated in the definition by the Sicilian ethnographer, Giuseppe Pitrè:

Mafia is the consciousness of one's own worth, the exaggerated concept of individual force as the sole arbiter of every conflict, of every clash of interests or ideas. —Giuseppe Pitrè, 1889

Like Pitrè, many scholars viewed mafiosi as individuals behaving according to specific subcultural codes, but did not consider the Mafia a formal organisation. Judicial investigations and scientific research in the 1980s provided solid proof of the existence of well-structured Mafia groups with entrepreneurial characteristics. The Mafia was seen as an enterprise and its economic activities became the focus of academic analyses. Ignoring the cultural aspects, the Mafia is often erroneously seen as similar to other non-Sicilian organized criminal associations.

However, these two paradigms missed essential aspects of the Mafia that became clear when investigators were confronted with the testimonies of Mafia turncoats, like those of Buscetta to judge Falcone at the Maxi Trial. The economic approach to explain the Mafia did illustrate the development and operations of the Mafia business, but neglected the cultural symbols and codes by which the Mafia legitimized its existence and by which it rooted itself into Sicilian society.

The economic paradigm was prevalent when the Italian Penal Code definition of criminal conspiracy (Article 416) was extended by Pio La Torre. Article 416 bis defines an association as being of Mafia-type nature "when those belonging to the association exploit the potential for intimidation which their membership gives them, and the compliance and omerta which membership entails and which lead to the committing of crimes, the direct or indirect assumption of management or control of financial activities, concessions, permissions, enterprises and public services for the purpose of deriving profit or wrongful advantages for themselves or others." The term Mafia-type organisations is used to clearly distinguish the uniquely Sicilian Mafia from other criminal organisations – such as the Camorra, the 'Ndrangheta, the Sacra Corona Unita – that are structured like the Mafia, but are not the Mafia. According to historian Salvatore Lupo, “if everything is Mafia, nothing is Mafia.”

There are several lines of interpretation, often blended to some extent, to define the Mafia: it has been viewed as a mirror of traditional Sicilian society; as an enterprise or type of criminal industry; as a more or less centralized secret society; and/or as a juridical ordering that is parallel to that of the state – a kind of anti-state. The Mafia is all of these but none of these exclusively.