Pericolosità sociale e misure restrittive della libertà personale

The term “dangerous” is connected to the concept of human “subjectivity” that originates in criminological determinism of a positivistic mold. Analyzing the works of Michel Foucault is illuminating in the genealogical reconstruction of the concept of social dangerousness being revealed, through the so-called “archaeological”, the relations between the formation of knowing and the appliance of power. The samenomen iuris“social dangerousness”, has remained, not by chance, the only term with many meanings, recalling, above all in the present community, the sense of “public danger”, “social risk”, encouraging feelings of fear, distrust, instability and social uncertainty of citizens. In this respect Michel Foucault’s investigation appears as the main, indispensable contribution for whoever is starting out with a more general study of the historic and juridical development of the concept of social dangerousness.