The traditional paradigms of rule making, which hinge on political law, increas- ingly show their inadequacy with respect to the rule making needs coming from reality; the growing weight assumed by technique in rule making is an evident sign of this. The essay, after proposing a systematization of the variegated relationship between politics and technique, comes to outline a model of standardization (defined as evidence-based) in which, while maintaining the centrality of the political decision-maker, the now unavoidable contribution of technique is inte- grated in the normative paradigm: a model that can represent the form that, in the legal dimension, the answer to the dilemma of complexity is taking.
Politica, tecnica e scienza: il sistema delle fonti difronte al dilemma della complessità
Elena D'Orlando
2021-01-01
Abstract
The traditional paradigms of rule making, which hinge on political law, increas- ingly show their inadequacy with respect to the rule making needs coming from reality; the growing weight assumed by technique in rule making is an evident sign of this. The essay, after proposing a systematization of the variegated relationship between politics and technique, comes to outline a model of standardization (defined as evidence-based) in which, while maintaining the centrality of the political decision-maker, the now unavoidable contribution of technique is inte- grated in the normative paradigm: a model that can represent the form that, in the legal dimension, the answer to the dilemma of complexity is taking.File | Dimensione | Formato | |
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