Latent innovations in a legal system and civil law categories
| Autor | Francesco Gambino |
| Páginas | 141-154 |
Latent innovations in a legal system and civil law categories
Francesco Gambino
1. Radical and latent innovations in a legal system; 2. The legal language in con-
ceptual, cultural and juridical innovations. Language as a thought-forming or-
gan; -
sions, new forms of reasoning; 5. Structure of a legal system and the balance of
powers; 6. Authentic innovations and individual cognitive horizons
1. Radical and latent innovations in a legal system
innovation and transition
in a legal system, one in particular stands out: the most problematic, which
in the legal world. The law assumes many faces;1 as many faces as the legal
phenomenon can assume according to different conceptions. Therefore, in
-
novation can manifest itself,2 it is nonetheless essential to mark a general dis-
tinction. For the purposes of this paper, in a legal system (or, if you wish, in
a legal order),3 it is necessary to differentiate patent and radical innovations
from the surreptitious or latent innovations.
radical
1 Simply consider the debate that took place in the early decades of the 1900s on the
confusion between the different tasks assigned to legal science and to legal practitioners
(in particular from the perspective of wilfully exercising a function) that produced the re-
3 In this preliminary reconstruction, let us leave aside the question of what can be
-
by Santi Romano, who reported the crisis of the hierarchy of sources and refused legal pos-
-
in civil law, sociology, and in the philosophy of law have been published. See Febbrajo/
Gambino (eds.) (2013).
141
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