Il giudice e lo Stato di diritto nel circuito della fiducia

Abstract

The rule of law and the constitutional principles on which it is based, including the independence, impartiality, and autonomy of the judiciary, require a constant "blood supply": the trust of citizens. But the circular dynamic that generally characterizes social phenomena is particularly relevant and perceptible in the tendency toward reciprocity of human beings, namely inclined to place ever greater trust in individuals, groups, or institutions that themselves deserve and, above all, generate trust. Among the pitfalls that threaten the activation of such a virtuous circle is a sort of neo-nominalism and idolatry of "codes" (primarily digital and quantitative) that, in a socioeconomic context dominated by functionalization, foster the formation of "groups closed in a radical rejection of any  eterogeneity, in a unanimity that reaches the point of violence: a kind of tribalism  also taking the form of an over-criminalization. Living law can help counter a bit these tendencies y applying the principles of the rule of law in a way that makes them accessible to everyone, "on their own skin," and therefore worthy of and trust-generating.