Regole per applicare le regole

Abstract

In the present article I analyze the relationship between law and judgement through the connection between the inclusiveness of the abstract norm and the infinite possibilities of the concrete cases that constitute reality. I aim at discussing law and judgement beyond their intuitively natural, juridical, bond – i.e. judgement understood as the act of judging in court performed by a judge. I aim at extending the problem of judgement also to an analysis of legal reality and normativity. The present paper consists of three sections: i. in the first section I recall the main philosophical theories on judgement and in particular those relevant from the juridical perspective; ii. in the second section I discuss the idea of différend, the disagreement described by Lyotard, and I evidentiate its importance in relation to juridical normativity; iii. in the third section I connect judgement and the différend in order to draw an innovative perspective on juridical normativity based not only on positive norms, but also and above all on the intrinsic conflictuality of contemporary societies. A conflictuality that emerges, presents itself and is resolved in and by the exemplary case.

Keywords

• legal normativity
• judgement
• différend
• exemplarity