Le fonti del diritto e il loro (dis)ordine

Taking as a starting point the recent volume by Andrea Morrone on normative sources, this paper aims at drawing attention to two sorts of query relating to the current disorder of legal sources in (inter)national law. Namely, the first one concerns the apparent alternative between the view according to which is sufficient to confine the scope of investigation exclusively to the triangulation between domestic law, regional law and international law and the view according to which, to the contrary, it would also be necessary to take into account the ways other forms of nowadays pervasive legal production affect and interfere with such a triangulation. The second sort of query, on the other hand, focuses on three questions –legal as well as philosophical and political in character– concerning (i) the terms in which to account for the (radical) changes “(national) legal orders” have been affected in the last decades; (ii) the way to conceive of the allegedly “judicial activism” by national and international judges and (iii) the concerns about the progressive weakening of the core value of modern legal culture, that is, the principle of separation of powers.