Verso lo stato costituzionale di diritto

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[automatically translated] In the fifties of the twentieth century, the European legal culture converged on a common ground, screwed around a crucial question, as if paralyzed in the face of so-called "crisis of law." More than by the policy framework, made unstable by irredentist remaining issues, from outbreaks of nationalism, from the effects of decolonization, the tension between ideological blocs, despondency and skepticism stemmed from '' immense historical crisis of mankind, revealed by World Wars » (Vittorio Emanuele Orlando), by the memory of those regimes that, between the twenties and forties, had abdicated to the principles of human society, trampling in the name of a dead monism, any form of pluralism. Behind catastrophic formulas or catastrophic, as "crisis" or "legal death" he then hid the crisis of a specific historical type of state, against which were gradually pinning criticism. The roots of the crisis lurked in the idea that the law could be reduced to units, the inability, typical of the liberal model, detect, respect and value the social complexity, pluralism regulated directions, the plurality of sources. In the crisis was not and never had been, the right, but the pretense of bringing concrete expression to a monism assolutizzante, which by the liberal state, with its idea of law as an expression of state will, was merged, under the forms and with varying success, the fascist state and the National Socialist.
Original languageItalian
Title of host publicationLo Stato costituzionale di diritto e le insidie del pluralismo
Pages27-49
Number of pages23
Publication statusPublished - 2012

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