Illusione della forma regolamentare ed ‘estasi’ dei princìpi. Le Lezioni americane di Calvino

Abstract

[Illusion of the regulatory form and ‘ecstasy’ of the principles. Calvino’s Lezioni americane] In the relationship between law and life, on the one hand, law seems as slow in grasping the meaning of its ordering function; and, on the other hand, as hopelessly far from the phenomenology of the becoming.  The aim of the article is to verify that this dystonia lies in the reduction of the norm to mere regulatory item; and to introduce an idea that ability of the law to set itself in unwritten rules, with sensitiveness towards values and historical reality, finds its greatest expression in the principles and in the general clauses.