No State of Exception without a State of Normality: from Emergency to Contingency

Some philosopher à la mode has taken the stage immediately after the shocking rampage of COVID-19 and the consequential statal attempts to contrast it, to re-assert his now too-easily sharable theory about the “normalization of the state of exception”. Indeed, facts prove this argument to be fallacious: with no more normality to be ensured by established powers, against what would the exception arise? Yes, public law lost the very perimeter lines of its scope and with them the space where a Constitution can constitute standards. Besides the pandemics, climate change, digitalization, terrorism, and globalization discharged any chance of regularity from the management of the res publica, in fact technocratic governances – not governments – are called to deal with it on a daily based agenda, thus the administration of emergency drifts into the handling of contingency. Liquidity of norms and rights sweeps over steadiness and certainty. Public law must be reset from this state of unnaturalness, proposing a valid post-social contract, provided that someone is willing to approach and sign it.