Le Istituzioni giuridiche della modernità tra guerre e declino della democrazia

Abstract

This article attempts to focus on the current historical moment in order to grasp the ongoing processes most relevant to the political space and legal phenomenology. Starting from the anxiety that has characterized legal theory for decades, marked by an era in which social change appears to be occurring more rapidly than in the past, it identifies two phenomena of the historical phase that, more than others, appear to be causing effects that political theory must take into account. On the one hand, the war definitively exposes the superficiality of the concept of globalization and the theory that extolled it; on the other, it is impossible not to note an overall political climate that constitutes a concrete questioning of the practice of democracy in the communities that have made it their founding value. Indeed, even more serious than the failure to respect some principles of the tradition of constitutionalism is the increasingly clear aversion to democracy on the part of the elites.