Emergenza, pandemia, sovranità popolare e diritti della persona. Qualche dubbio sulla lettura biopolitica

The essay examines some critical issues arising from the use of the so-called biopolitics by the jurist, with particular regard to the analysis of the impact of Covid 19 on legal systems. In particular, the biopolitics, since it implies a radi cal incompatibility with the juridical reconstruction of power, requires a com plete rethinking even of the more or less recent criticisms of sovereignty, and a more inquring reading of the notion of subsidiarity, the so-called horizontal reading. With regard to the latter aspect, it is important to recall the cases of digital contact tracing and the so-called civic assistants. This does not mean that it is not possible to do a biopolitical reinterpretation of the tendencies of public law of recent decades. On the contrary, it is possible to do that if we understand the methodological challenges highlghetd by the jurist in relation to the philosophical line, generally neglected by the Italian scholars of public law.