Barbara Giovanna Bello

The Silence of Legislation and Creative Forces: The Case of Mobbing

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Abstract

Mobbing is a complex social phenomenon, affected by the fast-changing world of work. If it is interesting to reflect on the usefulness of an ad hoc national legislation, currently missing in the Italian legal order. Law-maker’s silence on this matter represents an extraordinary opportunity to address a plurality of fundamental issues in the legal philosophical and socio-legal thought. Among them, one must stress, for their importance, the role of non-legal experts’ knowledge in fostering the elaboration of legal categories, prevention and contrast measures and their relation to some operators of the “internal legal cultureµ, the living law, and finally, the management of mobbing-related conflicts.

Keywords

  • Mobbing
  • Non-legal Expertise
  • Internal Legal Culture
  • Living Law
  • Conflict Management

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