Implicazioni della connessione fra fatto e norma: case method e immaginazione nella formazione del giurista.

In the aftermath of World War II, the rediscovery of the practical nature of legal knowledge enabled scholars to move beyond the modern dichotomy between fact and law, laying the theoretical foundations for the “contextual turn” first attempted in the early twentieth century by a part of legal scholarship. This “scientific revolution” restored the centrality of the case in civil law countries, against its marginalization due to the modern epistemological rupture. However, this revolution has not influenced the model of legal education yet, which remains grounded in the centrality of the general and abstract rule and in the ex cathedra lecture method. This paper outlines the contours of a new model of legal education, aligned with the contextual turn in legal theory: a “subjunctive” model, based on the case method and open to the social contexts from which law arises and in which it lives.