Abstract

The final decision of cases is often not possible on the basis of existing legal norms. It is not uncommon for questions to be raised for which there is more than one legal answer. Vico and Savigny devote particular attention to this subject. However, their high regard for common law should not be misunderstood as advocating judgement unfettered from legal norms. On the contrary, their great respect for the doctrine of legislation must lead to a decisive rejection of justice dispensed on the basis of equity or Qadi principles. The ultimate solution is the ideal union between adherence to the letter of the law and creative jurisprudence, between respect for general rules and consideration for the special circumstances of each individual case, which Savigny called “tactµ and Vico called “widsomµ.