Moving from an analysis of Guido Alpa's book, the article focuses on the relationship between relationality and solidarity within and beyond contract law. The research defends that – although individualist theories continue to play a primary role in the development of contractual agreements, they fail to grasp entirely their underlying moral structure, which rather seems to be found in the social relations that legally relevant interactions create. Accordingly, a solidarity-oriented theory of contract law is identified as a means to reinterpret the foundational theories of regulatory models and the political economy of the market.
Autodeterminazione e solidarietà tra contratto e mercato: riflessioni intorno a “Solidarietà. Un principio normativo” (Guido Alpa, 2022)
Antonio Davola
2023-01-01
Abstract
Moving from an analysis of Guido Alpa's book, the article focuses on the relationship between relationality and solidarity within and beyond contract law. The research defends that – although individualist theories continue to play a primary role in the development of contractual agreements, they fail to grasp entirely their underlying moral structure, which rather seems to be found in the social relations that legally relevant interactions create. Accordingly, a solidarity-oriented theory of contract law is identified as a means to reinterpret the foundational theories of regulatory models and the political economy of the market.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


