L'esperienza giuridica e la trasmissione culturale

Since its foundation, the Sociology of Law has been a cultural discipline and has theorized its own object of study – juridical experience – as a cultural phenomenon, too. From the point of view of “juridical experience” Law is riconduced to the sphere of life and human activity in which values are realized and natural phenomena and facts, acquire a concrete significance for people. The juridical culture thus appears to us as a whole of innovations and choices that have been accepted and transmitted by individuals working in the social environment constituted by organizations and juridical institutions. Theese are intertwined with other very stable and enduring cultural institutions and traditions that are not completely inspired by utilitarian needs but also, and above all, by the selfless pursuit of the good, the true and the beautiful. So understood, legal culture is able to provide explanations for the understanding of legal phenomena such as, inter alios, administrative discretion or legitimate interest and the purpose of Law in the society.