Il diritto o il Paradiso? Un dialogo con Tommaso Greco sulla generatività della fiducia e sul significato pro-fattivo del diritto

The essay addresses the issue of trust across the spectrum, as it were, of a recent book focusing on the role of trust in public life and, allegedly, within the legal experience. Using ‘trust’ as a sort of keyhole through which to take an oblique look at legal experience and its anthropological / ethical origin, it proposes to offer an approach to law centered on a reconsideration of both the categorization and the relationship between meaning and time that categories encapsulate genetically. Throughout the text the idea and practice of ‘trust’ are interpreted and declined in an agentive and generative direction. This anthropologically rooted understanding of trust makes its meaning entirely distinct from the logic of retribution that is nestled at the heart of the exchange. Such distinction makes it possible to distinguish the presumed relationship between ‘trust’ and ‘right as it is’ from that—endowed with a (re-) generative meaning—between ‘trust’ and ‘right as it unfolds.’ Based on this generative relationship, I propose an analysis of the dramatic disaffection (if not alienation) of Italians for the law and the legalized forms of recognition of Otherness