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Scamardella, Francesca

Appunti per una teoria del caso : dilemmi e proposte definitorie

2019 - Franco Angeli

51-69 p.

  • From the standpoint of clinical-legal methodology, this paper tries to investigate a useful but very ambiguous category: the case theory. By this expression, scholars mean the detailed and consistent story that tells how facts happen and why. Both lawyers and clients use it to build a legal strategy for defending the latter ones in trials. Under this premise, the author tries to investigate some dilemmas, starting from the differences between 'fact', 'case', and 'fattispecie'. The chosen perspective is hermeneutic since facts are constructed and reconstructed in a socio-cultural and legal context where lawyers, clients, witnesses, judges, and jury - each one playing their own part - try to build, interpret, argue and value a case theory. [Publisher's text].

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Sociologia del diritto : 3, 2019