Il diritto liquido : pensieri post-delmasiani sulla dialettica delle fonti penali

The A. draws on Mireille Delmas-Marty's thinking and scientific production and focuses on the concept of "flou" law and "pluralisme ordonné". The A. retraces and critically analyzes the phenomena leading to the internationalization of criminal law: the source of law gains a pluralistic dimension which eradicates the traditional and linear hierarchy; the irruption of "flou" logic in the criminal law field implies a distortion of traditional categories; the penal statute, having lost its traditional unitary matrix, varies depending on the type of author and type of criminal act. In the following essay, the A. presents the concrete consequences of these phenomena, such as the fading of a common European code utopia, the expansion of the "matière pénale", the lack of balance between criminal politics and dogmatics, the gradually increasing role of case-law. In conclusion, the A. urges to find a new balance between the growing exapansion of hermeneutics and the need to protect the constitutional features of criminal law.