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Punzi, Corrado

Segreto come eccezione : sul confine tra diritto e non-diritto

2017 - Franco Angeli

59-82 p.

  • The article examines the link between secret and the rule of law, wondering if the secret constitutes an exception, a rule or a paradox. Mainly by adopting the disenchanted perspective of so-called philosophies of difference - and, in particular, that of systems theory - it deconstructs the idea of Enlightenment publicity as a principle of legal order, demonstrating how it is only apparently antithetical to secrecy: secret, in fact, is the original and constitutive core of the modern rule of law, a necessary tool for concealing its paradoxes. It is the portrait of a figure who lies on the border between law and non-law, in a relation of circularity with neighboring figures between an inside and an outside, such as violence and the state of exception. [Publisher's Text].

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Sociologia del diritto : 2, 2017