Abstract

In a recent essay, Mauro Barberis takes issue with analytical legal realism in the Genoese variety exemplified in a few writings by Pierluigi Chiassoni, charging that view with theoretical unfitness with regard to precedent, interpretation, and customary law. The present paper purports to show that legal evolutionism, the jurisprudential outlook Barberis sides with, provides a defective account of analytical realism and a poor theory of interpretation and unwritten law.