DOI: 10.4399/97912218260506
Pagine: 87-107
Data di pubblicazione: Giugno 2026
Editore: Aracne
SSD:
IUS/09 IUS/14 IUS/21
The first part of the essay concerns the current conditions of the form of law, aims to have methodological relevance and contains criminal notions and references due to the author’s skills. The second part of the essay represents a laboratory of jurisprudential observation. Among the reasons for the crisis of the form of law, the reference to complex_ity is significant: real and cultural complexity of society, of regulated phe_nomena, of the functions of the State, in general of the cognitive structure. The complex forms of regulated phenomena, detected in their concrete social and historical dimension, induce notions (especially of responsibil_ity) that are difficult to typify. The notions relating to organized crime can be considered emblematic. From these considerations the author deduces criticisms of the traditional notion of causality, the preference for functionalist analyses and the rel_evance of systems theory and organization theory for the contributions they can provide in the argumentation of legal evaluations and judicial decisions.