Crisis Law between social and market Justice
by Sergio Marotta
pp. 122-139 Issue 4 (2,2) – July-December 2015 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: 10.17450/150208
Abstract
This essay addresses the complex relationship between law and economy, using as exemplar cases three rulings made by the Italian Constitutional Court. In the context of the economic crisis, the role played by constitutional jurisprudence in ruling social matters, queries the rationality that informs certain ‘Law judgement’ sentences. The discussion compares economic and legal rationality through two different theoretical perspectives. Teubner’s point of view is revisited looking at how the law may control the expansion trend of economic rationality. Constitutional ruling fluctuates between these two rationalities, and the interpretative paradigm changes as a consequence of changes in the Costitution (see, for example, the new art. 81 of the Italian Constitution). These factors cast doubt on Teubner’s perspective. On the other hand, Foucault’s paradigm helps us to understand power as a form of “truth telling” that attends economic rationality.