The pandemic state of emergency requires the interpreter to identify the coordinates for a fair balance between the rights of individuals and the rights of the community as such. These are tragic choices that first of all interrogate the political legislator and find their canon of reference in art. 32 of the Italian Constitution which protects health as a fundamental right of the individual and, at the same time, as a general interest of the community. The new postpandemic normality will be drawn around the dialectic between two ways of conceiving the emergency. On the one hand, there is the democratic-social paradigm which, starting from the postulate of the ontological vulnerability of the person, aims to prevent emergencies. On the other hand, there is the neoliberal paradigm which, starting from the postulate of the necessary resilience of the person, ends up normalizing the logic of emergency.
Pandemia, bilanciamento tra diritti e paradigmi dell’emergenza
federico losurdo
2021
Abstract
The pandemic state of emergency requires the interpreter to identify the coordinates for a fair balance between the rights of individuals and the rights of the community as such. These are tragic choices that first of all interrogate the political legislator and find their canon of reference in art. 32 of the Italian Constitution which protects health as a fundamental right of the individual and, at the same time, as a general interest of the community. The new postpandemic normality will be drawn around the dialectic between two ways of conceiving the emergency. On the one hand, there is the democratic-social paradigm which, starting from the postulate of the ontological vulnerability of the person, aims to prevent emergencies. On the other hand, there is the neoliberal paradigm which, starting from the postulate of the necessary resilience of the person, ends up normalizing the logic of emergency.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
