ESTADO DIGITAL COMO DIFERENCIA:

burocracias e cidadania

Abstract

The construction of the evolutionary processes of legal science is nourished through the description of its needs for transformation and the need for a periodic restructuring both of the premises of scientific reflection on law and of the language that could be expressed through it. Studies on the central problems of dogmatics, but also on the relationships between politics and law, between law and economics, between law and political science, outline the main foundations of modern law understood as a functionally differentiated social system. Law encompasses a normative imperative that defines its social function of law and raises the issue of the difference between law and morality (and with ethics understood as a theory of morality or as a guide to behavior). However, modern positive law is characterized by its high selectivity based on decisions regulated by law and defined by their ability to transform. This process is identified as the power to make differences, to be different from time to time, especially in the contemporary society technologically oriented and seduced by artificial intelligence. Technology transforms bureaucracies and all social systems while the law, challenged by technologies [irritated by technologies], selects what it deems functionally adequate and stabilizes it through the tools of the legal system. The proposed contribution intends to deepen some of these issues through heuristic tools capable of highlighting the transformations and differences and, in particular, describing the digital transformation of bureaucracies in Europe and Italy aimed at founding a new model of power: the digital state.