Public order: definitions and problems

The concept of public order is complex and multifaceted. In general, it is used to refer to a state of tranquillity or security that is necessary in a society. It should be a mean to reach a certain state of stability and peace. In this sense, the public order seems to have a strong axiological connotation, which calls for consideration of social, ethical and cultural principles. However, the concept has been employed in various legal domains, including criminal, public, and civil law. This has led to the emergence of diverse meanings, making it challenging to outline its precise content. The concern surrounding the use of such a broad and vague notion is not merely a linguistic problem; rather, its application in different cases could potentially compromise fundamental principles of our legal framework, such as the principle of legal certainty and the principle of non-discrimination. Indeed, the lack of a shared definition can lead to the improper uses of the concept. The objective of this paper is to assess what could be the positive and negative uses of this legal institute and highlight how it can be applied in the context of regulation of emerging technologies such as neurotechnologies. To achieve this goal, we will use the tools of analytic philosophy to study its different definitions and their issues.