Conflitto, partecipazione democratica ed emancipazione collettiva

This article examines the relationship between social conflict, democratic participation, and collective emancipation. It identifies and rejects two major obstacles that have emerged in recent decades: the meritocratic rhetoric of individual self-affirmation and the belief in economic globalization as the sole guarantor of well-being. By deepening inequalities, both models ultimately reaffirm the centrality of social conflict. The Author argues that conflict is a necessary step toward emancipation, which must be collective in order to achieve substantive equality. Within a constitutional democracy, conflict is in fact a physiological and foundational component of participation, as also recognized by case law. The Author nevertheless observes a contemporary paradox: participation is threatened not by an excess of conflict but by its absence and by its denial within democratic channels. The analysis then turns to emerging “collective interests,” exploring the new forms of conflict that characterize contemporary labour: from the mobilizations of delivery workers and migrants — relying on social strikes and strategic litigation — to hybrid disputes, and finally to the intersection between social and environmental justice. In conclusion, the challenge for labour law is to recognize and institutionalize these new conflicts through advanced forms of participation, so that their innovative potential can unfold in full compliance with constitutional principles.