Fragilità della Costituzione e nichilismo giuridico

Following the modern reduction of law into a single dimension (auctoritas facit legem), law has been hopelessly consigned to the various forms of will to power that compete to conquer legal forms, according to Natalino Irti’s thesis of legal nihilism. Conditioned by the theoretical paradigms of modern jurisprudence, Irti is unable to see the constitutional transformation launched, toward the end of the 1950s, by the Italian legal culture that has re-stabilized the ancient dualism of law (lex-ius, auctoritas-ratio), albeit in new forms and on fragile foundations. The author proposes, thus, to interpret Irti’s nihilism not as a representation of current legal experience, but as a dystopia to be avoided.