Acceso usuarios
Maurilio Gobbo
After a brief introduction on the method to be adopted, rather than looking for a predefined box in which to forcefully place the legal systems, the author intends to understand what Nordic law «is no», that is, a monad in its own right. In this way we intend to configure autonomies – starting from the Nordic case – as a hypothesis of therapy against identity- focused democracy. In sharing a path that moves from the Germanic origins of the Nordic legal tradition, attention is paid above all to the contacts and mutual influences with respect to legal traditions, trying to grasp some peculiarities that have led the various Scandinavian legal experiences to become what they are now. After a brief examination of Nordic legal realism – which nowadays not a few Scandinavian jurists consider an interpretative key not entirely adequate to fully understand the particularities of continually changing legal systems – we try to deepen an aspect too often taken for granted: that Scandinavian constitutional law is still based on a paradigmatic example of an evolved welfare state, based on fundamental principles of democracy and equality, while – on a slightly less superficial observation – not a few critical aspects seem to emerge.
