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Il metodo nel diritto pubblico e la scomparsa di Majorana

Academic Article
Publication Date:
2026
Short description:
Il metodo nel diritto pubblico e la scomparsa di Majorana / Tropea, G.. - In: NUOVE AUTONOMIE. - ISSN 2282-7986. - 2-3/2025(2026), pp. 367-385.
abstract:
This essay examines the renewed debate on legal methodology within public law, focusing on how contemporary discussions increasingly intersect with concepts drawn from quantum physics. Historically marked by the distance between classical mechanical determinism and legal positivism, the relationship between law and science is reconsidered in light of interpretive discretion, systemic complexity, and the evolving role of the judge. The author explores three attitudes toward the use of quantum analogies in legal theory: a critical stance, a cautious acceptance concerned mainly with dogmatic implications, and an institutional approach that acknowledges the descriptive value of quantum concepts while reaffirming the need for legal constraints and separation of powers. The narrative detours through the mysterious disappearance of physicist Ettore Majorana, whose reflections on probabilistic laws offer a lens through whichto reconsider legal interpretation, biopolitics, and contemporary models of governmental rationality. Ultimately, the essay suggests a synthesis between quantum-inspired perspectives and institutionalism to better understand the shifting balance between administration, judiciary, and law in an increasingly complex and principle-driven legal order.
Iris type:
1.1 Articolo in rivista
List of contributors:
Tropea, G.
Authors of the University:
TROPEA Giuseppe
Handle:
https://iris.unirc.it/handle/20.500.12318/166307
Full Text:
https://iris.unirc.it//retrieve/handle/20.500.12318/166307/522974/Tropea_2026_NA_Metodo_editor.pdf
Published in:
NUOVE AUTONOMIE
Journal
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URL

https://www.nuoveautonomie.it/il-metodo-nel-diritto-pubblico-e-la-scomparsa-di-majorana/#
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