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.