11 THE ITALIAN LAW JOURNAL NO. 2 (2025)

 

The Limits of the Social in Law and Thought

by Jorge L. Esquirol

Labor protections originate from a notion of ‘the social’, particularly prominent in 20th century Italy. That notion justifies deviations from classical liberal law. Indeed, it has come to provide the main paradigm for the protection of vulnerable interests of any kind. It is, however, the product of a certain time and place – available only under certain conditions, types of states, legal political economy and geopolitics. In our times, it may have exhausted its practical utility as an effective source of protection for workers – and even other vulnerable interests. This article analyzes the limits of the social in the context of two case studies: the continuing struggle over jobs and health at the ILVA steel plant in Taranto and the irregular detention of migrants aboard the Diciotti at the Italian port of Catania. In both cases, the social as currently conceived offers quite limited, if any, responsive alternatives.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

 Read the full article