La trasformazione silenziosa della globalizzazione giuridica. L’evoluzione del diritto da localismo antropologico a linguaggio logico-matematico formalizzato

Abstract

The transformation of law from an anthropological shape of habits, traditions, beliefs on a local community scale to a much more logical, abstract, formal, deductible, general and artificial conception of law is one of the mirrors through which globalization emerges. To be very simple: community law is much more a matter of socio-anthropological habits of which local moral values affect law making, on the contrary the abstract general, artificial conception of law is aimed at making law among social sciences what mathematics is among natural ns: a kind of formal and cross disciplinary language. In the globalization process the transformation is rather clear on a epistemological level but applied legal practice the different branches of law are more and more turning into mathematics the more global the world order evolves. Company law, Taxation law, Health Law, trade Law, intellectual Property Law, etc. are among the others more and more “mathematical” also through the efforts of OECD, WTO; WIPO WTO nevertheless criminal law still remains rather anthropological and it is an important problem setting for the institutional designers whose job on the criminal law side is to find some global alignment tool and exemplary case. Prescription in criminal law can be an interesting example as it is also an indicator of the decision making speed of courts which is, for example, a key criterion for the European Union which use Justice policy is about assessing how the local administrations of justice manage it.