SFERA GIURIDICA E SCENARI CONTEMPORANEI:
INTORNO AL DIRITTO COME “RETE”
di Giovanni Bombelli
Università Cattolica “S. Cuore” – Milano


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Abstract

The complex nature of the contemporary western societies, characterized by the strict interlacing between economic and technological factors, puts in question some “classical” legal categories and, at the same time, their conceptual horizons (for instance the notions of “legal order” and “system”).
Hence, using the “globalization” as a case-study, you can read these new sceneries by a new theoretical perspective and, more precisely, a “reticular model”. It is based on the interpretation of the social contexts by the concept of “net” (Network Society or Web Society), which is essentially “atopical”, “horizontal”, “ahierarchical”, “aformal” and “self-increasing”.
Consequently, it’s possible to interpret the political-legal “subjects” and institutions as “knots”, which are fundamentally: “functional” (instrumental), “neutral”, “polar” and “replaceable”.
From a philosophical-legal point of view, this new conceptual scheme is to be understood in a postmodern horizon, for which the traditional categories of “totality” and “generalization” make room, in some way, to the new horizon of “effectivity”.