Il diritto tra tradizione e contingenza

In clear opposition to values stemmed from tradition or natural law, modern time enhances and cares for the contingent nature of law to the point to embrace any social practise. In this context, contingency refers to the lack of any binding principle which implies that legal norms’ change depends only upon limitless and free social mutations. Leaving apart the value of tradition and denying the possibility to found law on the base of natural law, it turns out that the quality of law is not supported by the immanent value of its norms but it is backed up by the mere fact that law can always be changed. Modern law emphasises its quality of being a legal positivism. The production of law as being a legal positivism simply means the selection (among all possible material norms) of those norms that have been retained valid; in other words, norms recognised as such for they are coercive.