I giuristi e le piccole patrie

The lex mercatoria is a legal system deserving of being interpreted and understood for its own sake, but it is also evidence of a different, more complicated process. Although the lex mercatoria is not new, it now has unprecedented quantitative and qualitative dimensions that can only be understood in relation to a different implication of the process of redefinition of political spaces. The use of the evidence paradigm constitutes a good analytical exercise for legal scholars to explain how the market and its rules have escaped from traditional legal frameworks. The increase in communications and their reach beyond the confines of physical dimensions (jobless, deskless and timeless) produce above all a decline in publishing models related to the familiar phenomenon of legal paternalism. The lawyer who is trained in our universities and then moulded in our courtrooms to generate rivers of cloudy rhetoric is curt out of a game that makes no allowance for faulty contracts to be integrated by the authorities and where the destiny of rights is related to a minimum standard of competitive efficiency of services. Once again, legal culture is a long way away from reality: if law is to be able to speak in the name of fundamental rights and claim to have a minimum of universal relevance, it must think in terms of spaces and subjects unfettered by the idea of narrow homelands.

Eligio Resta, I giuristi e le piccole patrie in "SOCIOLOGIA DEL DIRITTO " 2-3/2005, pp , DOI: