Scienza giuridica e prassi nella moltiplicazione dei poteri

Post-modern as expression of the crisis of systematic thinking takes place in juridical discourse as difficulty of maintaining the dogmatic structure which was the preoccupation of traditional legal thought. This difficulty grows with the multiplication of powers together with the incapability of them of staying into their boundaries, each one respecting the competence of the others. While jurisdiction invades the camp of theory, construing decisions in a place of theory, within the European Union national courts are more and more controlled and invaded by the European Court of Justice and European Court of human rights, but in turn operate in substitution of law-makers. In this scenario the task of juridical thought becomes more and more complex. At the same time the idea of a kind of European codification of contracts and obligations develops, although in a cloudy context.