Is there no alternative?

Abstract

The paper focuses on the theme of emergency in order to highlight some of its elements, along a brief argumentative path. In particular, at the level of analysis, the present work intends to indicate some factors - non-juridical - which appear decisive for public law at this “historical moment”. In the context of this “historical moment”, an attempt will be made to highlight how emergency and derogation with respect to ordinary rules are not exceptional elements but structural elements of the evolution of the system, concluding by indicating the alternative between the “reasons for public law” and its simple marginalisation, to make way for a biopolitical dialectic between command and subjection as mere fact, deriving from the idea that no alternatives are available, there is no alternative.