Cases and Issues

Identification of relevant cases and systematic issues involving the overlap of several legalities represent the point of departure for the project. In this mapping exercise, we will examine both inter-systematic and inter-regime laws and regulations, as well as case law from the fields of international law (Milan-Bicocca), constitutional law (LUISS - Roma) and administrative law (Viterbo-Tuscia). After identification of the cases and the case studies, we will further categorize our findings, define typologies of interactions and explain the import of inter-legality in different doctrinal fields.

The aim of this exercise are two-fold. The first one is to demonstrate the shortcomings of current one-sided approaches to law and adjudication by providing a more nuanced perspective: current law is not simply a discrete series of self-related rule-making and unrelated sources, but rather a composite scenario of several normative claims which have to be equally taken into account. On this basis, the second objective is to suggest a better way of managing conflicts that overcomes the narrow perspective of closed orders and fosters a culture of justification in the face of composite nature of law.