Abstract

This essay starts from a question about the tension between the formal equality (including contractual freedom) and the substantial one affecting the citizen status in the modern social, economic, political and juridical world born after French Revolution. Particularly, Roberto Calvo in his recent Il negozio giuridico. Saggi states the main role played by contractual freedom building the individual selfdetermination that leads to give up Middle Ages. At the same time, Calvo is completely aware that the effectiveness of this freedom collides with the situation of deep cultural and material inequality between citizens formally equal. But, of course, to deepen this theme falls outside of a book focused on legal transaction. An effort to explore better this point – underlining the weakness of democratic Legislator faced with globalized economic powers – represents instead the core of the present paper.