La norma come rappresentazione. Il dinamismo istituzionale nell'età contemporanea

Abstract

The contemporary governance regime calls into question the legal-political categories of modernity, redesigning a complex and changing institutional framework, in which opposing interests intensifies their political clash. If conflict is still expressed and resolved through the organizational scheme of the norm, the role and structure of the norm itself seems profoundly modified. Its performative and fluctuating nature reemerges: the norm is increasingly intertwined and crossed by extra-legal elements. This image is well outlined by the roman-law concept of fictio legis, as reconstructed by Yan Thomas.