Le realtà del diritto. Istituzioni, spazi e forme della normatività

Abstract

The present work aims at reweigh those juridical categories which have been the modern-day object of formative discourses in so far as it acknowledges the current metamorphoses in the realm of political, social and institutional constructions. As a matter of fact, the wide spreading perception of a leap of paradigms in the fixed order and the sequence of ongoing transformations have influenced the contemporary times in such a way as to label these the «liquid modernity». Moreover, far from becoming an exception of this systematic liquidity, today the law is one of the social phenomena with the widest fields of applicability. This is due to its very nature - the deep bond with the social life it should define- that shapes it in response to the social variations. Therefore, today more than ever the comprehension of the very nature of law would mean understanding its progressive shape-shifting features. Such premises ushers the modes of operation- movements rather than positions, the leaps rather than the continuity- on which this work is based. After having briefly traced the main phases of the modern experience, the first chapter rejoins the current historical and political experience and emphasizes its adaptations on a more theoretical level. Clearly, in regard of such study, one of the most interesting theory, among the many advanced in the recent years, is that of Saskia Sassen. Indeed, she applies the three- element-paradigm -territory, authority, rights- as the lamp of her analytical discourse. She claims that as long as their capacity are completely developed in a-some-sort-of heterogeneity, the historical transformations would be but assembling and disassembling the three mentioned elements. Specifically, in reference to the advancement from the national to the global assemblage, the sovereignty itself would developed certain capacity that are the fundamental key in the process of denationalization, as well as in the consequent coexistence of new scales over that of the Modern State. Thereafter the author emphasizes the extended role of the metropolises in mapping political, economic and social geographie... [edited by Author]