John L. Austin e il provvedimento amministrativo

This paper aims to offer a first structured application of J.L. Austin’s theory of performative utterances to administrative orders. First, the main forms of invalidity of administrative orders are examined in the light of the doctrine of performative utterances (misfires, misinvocations, misexecutions, and abuses). Second, the main dogmatic categories developed by administrative law are used to modify and complement performative theory. The more general objective of this research is to contribute to the creation of an interdisciplinary model for the analysis of normative language and, in particular, of those utterances that are paradigmatically used for the exercise of power and for the direct production of legal effects on the addressee, focusing on their procedural and authoritative dimension.