The economic and social crisis affecting the Western world leads the lawyers to investigate the discipline of the main areas of the legal learning and of their crucial aptitude for propelling the development of the Italian modern society's life.
The European society is indeed expecting the governing institutions to deeply intervene in some crucial areas of the civil society.
A deep revision of the provisions governing the development of some important areas of civil life is strongly required, notably with regard to the labour organization services, the family relationships, the industry and the commerce, the public welfare, the education, the justice. Such a demand for change is aimed at pursuing the human and economic development and should be achieved focusing primarily on the principles of subsidiarity and solidarity which are the constitutional cornerstones of our civil life.
In light of the above mentioned premises, which could be the reasons grounding such a critical assessment as to the juridical order of the Italian economic and social life? Which criteria would allow to intervene in compliance with our legal tradition? How could the lawyer be involved in a similar context in order to carry out his own tasks?
The answer to such questions entails the carrying out of an analysis whose grounding element is represented by the historical dimension. It is clear that the aforementioned areas of civil society accordingly correspond to as many areas of the legal order and that the former are likely to be organized to the advantage or disadvantage of the country's development depending on the schemes adopted for their regulation and on the principles governing the respective legal paradigm, i.e. the provisions governing such an area of civil society.
The legal order governing a certain field of the country's social life cannot indeed be deemed as the immediate product of a particularly wise, or unwise, lawmaker's action, but it arises from a historical process where several different regulations have been occurring depending on the general schemes followed by the lawmakers and the lawyers in the course of times.