Istituzioni e Norme


The autonomy of law, understood in its broadest sense as a human institution of coercive rules or sanctions, aimed at giving a certain regularity and order to the individual and collective behavior, not derives its essence from logic or nature. In fact the separation of law from other social spheres, including religion and power, belongs to the social and historical constitution of modernity. This consideration of law as a social-historical creation shows that the legal order of rules is rooted in the symbolic system of social meanings. But only in a society that recognizes the radical historical shift from social institutions to thelegal norms, it makes sense to question the justice of laws instituted, basilar concern of philosophy of law.
In the advanced stage of modernity we are facing, and we know by the name of globalization, are the conditions still be effective in order to the existance of a link between that existing regulations and society of that symbolic tool that in modern democracy acquired a constitutive nature?
 

Author
Fabio Ciaramelli
Year of Publication
2006
Translations
Translated in:
Spanish
From:
With the title:
Instituciones y normas
Editori associati (tassonomia)