Abstract

This essay discusses the two strands along which Grossi develops his idea of going "back to law." This phrase captures, in the first place, the transition beyond the statist and legalist conception of law which came into being in the wake of the codifications, and which held sway through most of the twentieth century, but it also describes a return to a practice where an important role in the shaping of law is ascribed not only to the lawmaker but also to the judge, who is entrusted with "finding" the law in the fabric of experience. The discussion closes with a final remark on the certainty of law.