Pluralismo giuridico e diritto privato europeo

Legal pluralism stands in opposition to legal positivism, challenging the state-centered model of national law. The assumption of an omniscient and omnipotent legislator clashes with a dynamic socio-economic reality and the emergence of new legal phenomena, such as transnational law and soft law. The globalization of law weakens the state’s legislative monopoly, while the market and international arbitration increasingly gain prominence. At the European level, an organic coordination between ius communitatis, linked to the (derivative) sovereignty of the Union, and ius commune europaeum, rooted in the common legal tradition of the Member States, is therefore necessary. However, the construction of European private law should not lead to its de-nationalization but rather to the integration of national traditions within a common framework that ensures both their viability and preservation. To this end, the role of legal doctrine and legal culture must be emphasized, particularly in the academic and professional training of the jurists of tomorrow.