Journal title SOCIOLOGIA DEL DIRITTO
Author/s Lucio Franzese
Publishing Year 2017 Issue 2016/3 Language Italian
Pages 15 P. 21-35 File size 238 KB
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The article calls the private/public dichotomy into question as elaborated by modern legal science that, on the one hand, equates private law with public law concerning the relationships between individuals, and, on the other hand, prevents public law from configuring itself as an expression of the regulating capacity of the person and civil society. By overcoming the aporias of the legalistic conception of the social bond, considered both in the intersubjective relationships and in those between citizens and public administration, the author infers the centrality of subjective autonomy in the legal experience. The law plays a subsidiary - rather than a constitutive - function of self-regulation in the legal system of intersubjective relations.
Keywords: Private/public - Legal experience - Subjective autonomy - Lex mercatoria - Self-administration - Conciliation
Lucio Franzese, Riflessioni critiche sulla scienza giuridica moderna in "SOCIOLOGIA DEL DIRITTO " 3/2016, pp 21-35, DOI: 10.3280/SD2016-003002