The aim of the article is to describe the effects of the transition to the post-reg- ulatory state for criminal law. In this perspective, the Author discusses the main trends that are connected to the New Governance transition: the repositioning of the state, also linked to gloabalization; the «decentring regulation»; the overcoming of the command and control approach in various economic sectors. Criminal law is also intensely involved in these transformations. The article examines some areas in which the criminal system expresses reflexive orientation and operates as a «govern- mental technology» (for example: regulatory contraventions). According to the Author, a partially unprecedented scenario is emerging: a criminal (law) governamentality.
IL DIRITTO PENALE NELLO SCENARIO DEL POST-REGULATORY STATE
Giuseppe Di Vetta
2022-01-01
Abstract
The aim of the article is to describe the effects of the transition to the post-reg- ulatory state for criminal law. In this perspective, the Author discusses the main trends that are connected to the New Governance transition: the repositioning of the state, also linked to gloabalization; the «decentring regulation»; the overcoming of the command and control approach in various economic sectors. Criminal law is also intensely involved in these transformations. The article examines some areas in which the criminal system expresses reflexive orientation and operates as a «govern- mental technology» (for example: regulatory contraventions). According to the Author, a partially unprecedented scenario is emerging: a criminal (law) governamentality.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
