Una crisi annunciata. Aporie e incrinature dello Stato liberale di diritto

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Abstract

[automatically translated] In the same years in which the German public law put in place in key monistic the notion of Rechtsstaat, the company was the second rearranging organizational statutes and complex modules, renewing its load of contradictions, differences, aggregative and autonomist tendencies thrusts. The reassuring image of a State-person capable of neutralizing by its right the centrifugal tendencies and to dissolve its political unity in the particular fractional shrieked with complex articulation and pluralistic industrial society, with a reality that was not made up of individuals abstract, equal and undifferentiated, but on concrete subjects, unequal and different. The late nineteenth and early twentieth century a set of theories inspired to pluralism, communitarianism and institutionalism, He gave voice to the need to legally identify the relationship between the state and social bodies, shattering monism statualistico plurality and returning to the picture of the sources, up to denounce, according to the famous formula of Santi Romano, "a kind of crisis in the modern state." The temptation to drive simpler, now in the name of the regulatory system, now the State, the popular right now, it would be perpetuated, however, theoretical and constitutional level, in many of the solutions developed in continental Europe in the first half of the twentieth century .
Original languageItalian
Pages (from-to)329-397
Number of pages69
JournalQUADERNI FIORENTINI PER LA STORIA DEL PENSIERO GIURIDICO MODERNO
Volume41
Publication statusPublished - 2012

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