The management of the pandemic emergency has amplified some current trends regarding the structure of the sources of law. Legal discipline is configured in a context characterized by the coexistence and competition of various sources and multiple regulatory subjects. This produces a relativization of the principle of typicality of the forms and of their binding force, as well as an increasing variety of legal rules, which obscures their hierarchical order. The system of sources breaks down and fragments. It acquires a reticular dimension. In the current phase of profound restructuring of the legal scenario, the legal order exists in the relationship that connects multiple normative acts, diversely binding. Hard and soft regulation reflects a complex articulation of sources that affects legal certainty and interpretation.
La transformación del sistema de fuentes del Derecho en la emergencia pandémica [The transformation of the system of sources of law in the pandemic emergency]
Pastore, B.
2024
Abstract
The management of the pandemic emergency has amplified some current trends regarding the structure of the sources of law. Legal discipline is configured in a context characterized by the coexistence and competition of various sources and multiple regulatory subjects. This produces a relativization of the principle of typicality of the forms and of their binding force, as well as an increasing variety of legal rules, which obscures their hierarchical order. The system of sources breaks down and fragments. It acquires a reticular dimension. In the current phase of profound restructuring of the legal scenario, the legal order exists in the relationship that connects multiple normative acts, diversely binding. Hard and soft regulation reflects a complex articulation of sources that affects legal certainty and interpretation.| File | Dimensione | Formato | |
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