"L'economia dei Codici moderni". Legislazione e giurisprudenza nella dottrina italiana dell'Ottocento
Author(s)
Date Issued
2011
Type
article
Volume
40
Start Page
747
End Page
780
Abstract
In the course of the XIX century, Italian legal science tends to mitigate the tension between legislation and jurisprudence. Liberal legal culture had come to accept the idea (of Montesquieu) of a judge obliged to be only the bouche de la Loi. This idea, however, gradually made room for a different view of interpretation of law, which considers the judge as a guarantor of a moderate and gradual change of the legal system, compatible with the respect of 'tradition'. The essay goes back over this route, shedding light on the characteristics of this unexpected conciliation between jurisprudence and Code.
Subjects