Metamorphosis, emergency or exception? The governmentality of the pandemic in Italy
Conflict
Constitutions
Democracy
Human Rights
Institutions
Policy Analysis
Security
Abstract
The recent Covid-19 pandemic months represent a totalizing social fact which have reconfigured
the order of priorities, working as an exogenous shock on global scale. How can we describe this
shock and its political consequences? On this behalf, Ulrich Beck (2015) introduced a
fundamental distinction between change and metamorphosis. The first case refers to a situation
in which something can change in the future while all other aspects remain equal. In the
metamorphosis instead, all the certainties of modern society get eradicated. On the other side,
Giorgio Agamben (2020) recalled the “state of exception” and described the political measures
adopted as the “unmotivated emergency”. Pandemics can be considered as risks generating
metamorphosis, an unmotivated emergency or a state of exception? What are the possible
reactions to these restrictions? Those reconfigurations took place, in Italy, in a context already
characterized by a constant risk exposition (Beck 1986; 2015) and an increasing social control
especially towards vulnerable populations (Melossi, 2015). In the attempt to propose answers to
these questions, this paper proposes a content analysis of the extraordinary and ordinary legal
tools produced for the pandemic governance (DPCM, Regional and municipality orders) since
January 2020, and the analysis governmental conflicts between national and regional
governments the fight against the pandemic. Italy, indeed, has been the first country in Europe to
adopt restrictive measures and to reduce civil liberties. In Italy, in particular, the Constitution
does not, fortunately, provide for the state of emergency provided for by the Spanish
Constitution (art. 116) or the French Constitution (art. 16). But this has enabled anyway, as proof
of the needlessness of this dangerous institution, the limitations of freedom of movement,
freedom of assembly and personal freedom, to guarantee the safety and public health, provided
for by the constitutional laws that declare these freedoms (Ferrajoli, 2020). To straighten this
contrast, the last part of the paper will focus on a specific case study: the reaction to restrictive
measures in Italian prisons. In March 2020, 49 prisons (¼ of the National prisons) started
massive riots, causing 13 casualties (National NPM, 2020), sixty-nine injured among the
convicts, more than a hundred among the prison officers and five medical workers. This case
study will therefore offer a specific micro perspective on the transformations of the pandemic
that have reinforced and exacerbated the fragilities of the rule of law and civil liberties, the
resilient instruments, the resilient tools that can be activated and the
forms of conflict that the pandemic has produced.