Francesco M. De Sanctis

The oscillation of Right: from creation to invention

  • Abstract

Informations and abstract

Keywords: Paolo Grossi; Juridical Modernity; Inventio; Private and Public Law.

The article critically examines the last essay published by Paolo Grossi ("L'invenzione del diritto", Laterza, 2017). Through Grossi's thought, the analysis outlines the chronological articulation of juridical modernity, focusing especially on the idea of the 'oscillations' of free Right. Adopting this perspective, one sees the radical shift occurred in the main function of jurists from the exegesis of law to the "inventio" of the early "ius dicere", a process involving both private and public law, as well as the work of post-Weimar constitution-makers.

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