ANTONIO MASALA Processi globali e nuovo ruolo dello Stato 209 Maggio-Agosto 2005 Anno LXX n. 2
Summary — Owing to globalization
processes, the nation-state is facing the problem of
re-examining its ability to create and maintain order through legislation and
law enforcement, as well as its capacity to direct the economy in line with
citizens' choices. The use of globalized economic and juridical patterns by
private individuals is a great leap forward in economics and personal freedom,
considering that the state is continuously loosing its monitoring and checking
ability. At the same time, these individuals
still live within the framework of the state and also acknowledge its
power. Ironically, while trying to sidestep the state, the citizens still look
to it to solve their everyday problems. The author investigates the reasons
behind the crisis into which a specific model of state — the Kelsenian and
Keynesianan model — has fallen in recent years. Nevertheless, the crisis of
that model does not imply the loss of the possibility of managing the economy
and globalization processes. The nation-state remains the most important
producer of a great many services and its role in promoting advancements in
knowledge and technological innovation is still a central one. One of the most
important roles of the nation-state in the global era is that of removing the
barriers to the global economy and pursuing the efficiency and innovation of its
infrastructures and bureaucratic machinery. In the light of global changes, it
is important to rethink the idea that the production of law and institutions can
only be legitimated by ballots, or at least that voting always represents the
best solution. Other kinds of legitimating processes should instead be
considered by contemporary politicai theory — for example, considering how
people make their political choices like consumers in the free market.
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