The essay aims to reconstruct Raffaele Ajello's position within the twentieth-century debate on legal methodology. Between the supporters of an idealistic historicism and the defenders of formalistic technicality, Ajello sides with a realistic approach, aimed at considering the problems that law should address in a concrete and political way. Dogmatics, on the other hand, is accused of upholding the substantial equality sub specie iuris between ancient and modern law. Beyond mere techniques, law is a social science. Evaluating doctrine and legislation independently of the historical process may lead to a misunderstanding of the legal experience of a whole era.
Storia e dogma. Raffaele Ajello nel dibattito novecentesco sulla metodologia giuridica
Gian Paolo TRIFONE
2026
Abstract
The essay aims to reconstruct Raffaele Ajello's position within the twentieth-century debate on legal methodology. Between the supporters of an idealistic historicism and the defenders of formalistic technicality, Ajello sides with a realistic approach, aimed at considering the problems that law should address in a concrete and political way. Dogmatics, on the other hand, is accused of upholding the substantial equality sub specie iuris between ancient and modern law. Beyond mere techniques, law is a social science. Evaluating doctrine and legislation independently of the historical process may lead to a misunderstanding of the legal experience of a whole era.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
