L’(in)certezza del diritto nello stato di emergenza

Torquato G. Tasso435-464

Abstract: The Legal (In)certainty in the State of Emergency

The pandemic emergency suddenly manifested itself in reality by imposing a reaction, by part of national States, in the form of different regulatory interventions. This reaction of the modern State is a typically positivist one with the evident goal of regulating the unexpected lacuna to bring order and certainty to human relations. As a matter of fact, the positivistic reaction to the pandemic event, characterized by a strong hypertrophy, highlights the limits of a geometric vision of law that is unable to solve the operational problems related to the spread of the virus and unable to achieve its primary objective, the legal certainty.