Dalla cultura dell'emergenza alla cultura del rischio: potere pubblico e gestione delle emergenze,

This essay examines the epistemological shift from emergency law to risk law in the Italian legal system, arguing that the traditional reliance on extraordinary, extra ordinem instruments to manage exceptional events has proven ineffective and costly, both economically and socially. Drawing on Luhmann's sociology of risk, Jonas's ethics of responsibility, and theories of complexity, the author contends that exceptional events should be incorporated within ordinary decision-making processes through the principles of precaution, prevention, and sustainability. The work explores the complex relationship between science, technique, and law, highlighting how technical knowledge must inform—without determining—public administrative decisions, particularly in territorial planning and risk assessment. A central argument is that genuine resilience cannot be built reactively after a damaging event, but must be prepared in advance through flexible regulatory and planning models capable of integrating unforeseen contingencies into ordinary governance. The essay critically assesses the recent reform of the Italian civil protection system (Legislative Decree 2 January 2018, no. 224), suggesting that it still projects risk management toward future extra ordinem responses rather than embedding risk evaluation within ordinary decisional processes. Ultimately, the author advocates for a reflexive administration capable of dialogue with external environments and equipped with elastic procedures that ensure the full satisfaction of collective interests.