Tra kosmos e spoliticizzazione. Il diritto dei privati nelle relazioni commerciali

Between kosmos and depoliticisation. The law by private actors in commercial relations

Abstract

The article examines the role played by private actors in the production of legal norms that control the orderly development of economic relations. After a brief introduction, aimed at underlining the role played by law within a socio-economic context shaped by modernisation processes, the contribution dwells on some methodological issues of primary importance in order to circumscribe the object of the analysis. In this context, Searle's theses are used to find a clear ontological foundation for the research project, while Hayek's reflections are used to clarify the role that private subjects can play in regulating economic relations. Having thus clarified the theoretical framework of reference, the analysis focuses on
three particularly promising areas of study: the supranational context characterised by the new lex mercatoria; the platforms that organise the provision of a particular service, with their impact on factor markets and industrial relations; the platforms that promote the meeting of supply and demand, thus shaping specific markets. The analysis of these three areas finally leads to some reflections on the processes of depoliticization that affect contemporary law.