The essay addresses the question concerning the category of “code” (i.e. the “code-form”) within the current philosophical-legal debate. Through the scheme based on the concepts of modernity, postmodernity and hypermodernity, the contribution focuses on some theoretical passages: the nexus among the notions of system-method-code underlying the modern framework, the circle narration-performativity developed by the postmodern perspective and, finally, the hypermodern circuminsession among acceleration, new typologies of “code” and Governance. Moving from this analysis, some structural aspects of the modern-based idea of “code” are highlighted, also in order to grasp the distance from the jagged contemporary scenario. It is characterized by the continuum regarding the crisis of the “code” (i.e. decoding), the increasing “new codifications” and the current legal environments. In conclusion, the paper emphasizes the necessity to rethink the relation between the “legal form” and the contemporary and multiple patterns of knowledge as well as of social practices, in light of a deep rediscussion of the idea of “code” also in a future perspective.
Bombelli, G., Su qualche destino della "forma-codice", <<JUS>>, 2023; (4): 97-141. [doi:10.26350/18277942_000142] [https://hdl.handle.net/10807/271443]
Su qualche destino della "forma-codice"
Bombelli, Giovanni
2023
Abstract
The essay addresses the question concerning the category of “code” (i.e. the “code-form”) within the current philosophical-legal debate. Through the scheme based on the concepts of modernity, postmodernity and hypermodernity, the contribution focuses on some theoretical passages: the nexus among the notions of system-method-code underlying the modern framework, the circle narration-performativity developed by the postmodern perspective and, finally, the hypermodern circuminsession among acceleration, new typologies of “code” and Governance. Moving from this analysis, some structural aspects of the modern-based idea of “code” are highlighted, also in order to grasp the distance from the jagged contemporary scenario. It is characterized by the continuum regarding the crisis of the “code” (i.e. decoding), the increasing “new codifications” and the current legal environments. In conclusion, the paper emphasizes the necessity to rethink the relation between the “legal form” and the contemporary and multiple patterns of knowledge as well as of social practices, in light of a deep rediscussion of the idea of “code” also in a future perspective.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.