Abstract

The article examines, from the point of view of political philosophy, the conflicts of interpretation arising between law and economics in the current neoliberal governmentality. The economic logic of optimization, that is unlimited and problem solving, crosses and determines the legal logic that follows the coherence and the limit. The modern legal logic produced judgments and status tending to universal and was based on the inclusion / exclusion and on the rule ex ante. Instead the managerial logic, applied to the law, produces evaluation, hierarchies and selective inclusion: its rules are standards ex post, flexible and undecidable. The case of the criterion of Systemic Deficit shows these contradictions.