Fare cose con la solidarietà

Rechtsgeschichte - Legal History. 2004;(Rg 05):35-48 DOI 10.12946/rg05/035-048


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Journal Title: Rechtsgeschichte - Legal History

ISSN: 1619-4993 (Print); 2195-9617 (Online)

Publisher: Max Planck Institute for European Legal History

LCC Subject Category: Law | Political science

Country of publisher: Germany

Language of fulltext: German, Italian, French, Portuguese, English, Spanish

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Alessandro Somma


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Time From Submission to Publication: 18 weeks


Abstract | Full Text

Solidarity constitutes an instrument for resolving social conflict within a community on the basis of an alternative model to that promoted by economic liberalism. The principal community relevant for this purpose is the state. It is to the state that national constitutions entrust the task of developing solidarity at a vertical and horizontal level, which is to say to create a system of social welfare and to mould the market. This model of the state does not create an obstacle to the current process of globalisation, but rather permits it to centre upon a new relation between the north and south of the world. By contrast, the European constitution – in line with an economically liberal approach to globalisation – is hostile to the role of the state. This fosters mechanisms of redistribution of wealth only by means of fiscal intervention and in addition furnishes a vision of the free market which is no more than politically correct.