Normative action in a post-deontic society: legislative promotion

This first decade of the new millennium has witnessed a multiplication of sovereignties. Now couched in the plural, sovereignty has escaped the classical operators of deontic action to inaugurate a new era of relations between organisms: organisms that claim political autonomy and legislative autarky. This post-deontic scenario of legislative glocalisation leads to the introduction of a variety of operative and conceptual tools, one example being subsidiarit, which, nevertheless, stays neutral with regard to far-reaching political strategies, transparent with regard to the requirements of solidarity and misleading with regard to law’s function of so- cial integration. Of all the tools that appear to cater for the law’s needs for social integration, attention is focused on the category of legislative promotion, which is defined here as an intervention on the part of a given legal system that tends to use communications to perturb another legal system by influencing the latter’s environment. The promotional intervention does not function in terms of hierarchical validity, i.e. through an asymmetric relationship between organs, but takes the form of a communicative action that aspires to achieve an understanding, offering further choice chances (opportunities) to the system being promoted. Legislative promotion is both a theoretical option of observation of legislative phenomena and a practice in law that enables the necessary co-ordination between organs to take place.

Keywords: Legislative promotion, Social promotion, Legal pluralism, Post-deontic society

Giovanni Torrisi, Agire normativo in una società post-deontica: la promozione normativa in "SOCIOLOGIA DEL DIRITTO " 3/2010, pp 181-189, DOI: 10.3280/SD2010-003015