La filosofia del diritto dei DPCM.
Tre interpretazioni

Mauro Barberis44-53

Abstract: The Legal Philosophy of DPCM. Three Interpretations
There are, among others, three interpretations of Italian pandemic emergency’s governance – three legal philosophies of the main tools used for this purpose by at least the second Giuseppe Conte’s executive, namely the Prime Minister’s Decrees (DPCM). The first interpretation, “decisionist”, biopolitical and vaguely negationist, has as its magic formula “state of exception”. The second one, typical of a constitutionalist legal philosophy, focuses on the indeterminacy of the Prime Minister’s Decrees. The third, legal-realistic interpretation, instead, emphasizes the determinacy of DPCM, as a result of a century-old process of administrativization of law and politics.