A stationary eddy that constantly re-forms in the riverbed of the evolution of Western normative institutions, Legal Critique dates back, beyond modernity, to the beginning of the so-called Common Era. But critique also shapes the historical review of earlier phases of this evolution, and this not only as a method of the examination of sources, but also as a transferential displacement that tends to project into history the divides and aporias which define a present political situation. Unsurprisingly, this proceeding betrays (...) more about current conceptions than it reveals about those of the past. The fate of the philosophical topic of immanence and transcendence and that of the proto-modern politics inaugurated by the distinction of God’s absolute versus ordered power offer a significant case in point. Certain critical orientations find in the long and complex history of these divides merely their own anticipated echo. Yet, the split between the adepts of an Aristotelian universe rooted in the being of the good and the followers of Spinoza, accustomed to absolute power and immanent causality, resists such simplifications and warrants a new examination. (shrink)

The article argues that the most important trends in the recent metamorphosis of higher education, especially of university teaching and research, cannot be understood without placing them in the context of general developments in political life. Both processes reveal alarming features and there is a link between them. In recent decades a religion has established its dominance in the public policy field. Its dogmas are called “liberalization”, “economic man”, “individual preference”, “the free market”, “competition” and “efficiency”. The consequences of the (...) progressive imposition of this doctrine on the universities—including on the relation between teaching and research—are well documented but not always well understood. It is argued that the “commercialization” of higher education and research means in reality their hyper-bureaucratization, via the imposition of so-called evaluation, assessment and accreditation schemes, the latest avatars of the managerialist ideology. Might the final result be the disintegration of the university as an institution? (shrink)

This essay examines the capacity of language (‘word’) to convey what there is (‘world’). It draws on philosophical thought, which it seeks to apply to law while making specific reference to comparative legal studies, that is, to the investigation of law that is foreign to its interpreter.

The paper analyzes the sacred foundations of Western institutional order, moving from an epistemological, historical and legal–aesthetic perspective. Firstly, it identifies an epistemological theory of complexity which, pursuing Hayek’s theory of complexity, Robilant’s notion of informative–normative systems, Popper’s theory of the Worlds, and Dupuy’s theory of endogenous fixed point, will conclusively lead to presenting the hypothesis of World 0 as the World of the foundation of legal thinking, the home of the sacred and the aesthetic. Secondly, it identifies the axiological (...) character of the legal aesthetic as a discipline, a topic that will be taken up in relation to the work of the French historian of canonical law and psychoanalyst Legendre, starting from the analysis of a legal/historiographical context (Corpus Iuris Civilis, Corpus Iuris Canonici, Hobbesian Leviathan, Kelsenian Grundnorm). Thirdly, following Ellul’s thought on secularization, the idea that we now live in a secularized, lay society, lacking in the sacred is revealed as a sort of illusion, the creation of a myth of modernity, only apparently rational. Finally the paper proposes as the task of legal theory the identification of the system of “nomograms” in which the normative message is organized, according to a nonreductionistic approach that forces legal theory to recognize the plurality of the iconic forms of the normative message. The “nomograms” respond to the need of extending the field of legal science to phenomena that the positivist theory of law does not consider important, but which the process of evolution of contemporary society imposes. (shrink)