L’interlegalità come metodo? La decisione giudiziale negli spazi giuridici ibridi

In the contemporary globalized world, sources of law of different nature and origin overlap and compete in the regulation of the same concrete cases, within a plurality of hybrid legal spaces. In this context, the demands for justice that emerge from interlegal cases require judges to act as “interleglaity hubs” and may lead them to force the rigid rules of those doctrines of the sources of law which are based on the kelsenian concept of “legal order”. The present paper is an attempt to take this possibility seriously. In particular, on the one hand, it provides some exemples of how the protection of the rights of the parties to a dispute may be affected by the refusal to take interlegality into account. On the other side, it raises the question as to whether and how a new method may be developed in the interpretation and application of law to guide judges in the search for the applicable law in the disorder that characterizes hybrid legal spaces and interlegality.