The Bleeding of Legal Rules Between Rights and Limits, in the Age of Migration Flows and the Crisis of the Nations

Abstract

This paper assumes that the modern migratory flows, together with the enormous circulation of people and rules, still involve the ‘bleeding’ of alien principles and practices on the canvas of the host legal system. Accordingly the paper investigates the ‘limits’ beyond which the order ends up responding to the protection of its integrity and within which the same hosting system welcomes and transpires the ‘discoloration’ or contamination, evaluating the responses to the bleeding of ‘alien’ rules and assessing the degree of systematic coherence and ‘holding’. The paper looks at what happens in the legal system of the hosting society, namely to the ‘reaction’ to an ‘imposition’ or to the grafting of models incoming from a given society or social group. These cases of ‘circulation not institutionalized’ end up not so much with ‘staining’, but rather with the ‘bleeding’ of the original normative pattern, which may not return ‘immaculate’ and homogeneous as before. The paper also seeks to understand why some rules are accepted while others rejected; whether there is an ‘instrument’ other than the well-known economic analysis of the law that may measure the phenomenon; to what extent it is possible for the host system to ‘react’, to ‘inhibit’, or at least to ‘limit’ the ‘bleeding’ effect without renouncing to the respect of rights and freedoms recognised to all the people.