Ricerc@Sapienza

What does the expression “diritto giurisprudenziale” mean? Would it have the carne rneaning of “judge-made law”, a firm criticism against its use in our legal culture should be opposed: in a civil-law system, jurisprudence cannot be conceived as a source of law of the same nature of statute law.
Less pretentiously, this expression doesn’t mean anything more than “living law”, that’s to say the law as it is experienced in practice (or, more exactly, in the particular field of the legal practice that is lived before the Courts).
These pages analyse the different problems posed by the “diritto giurisprudenziale”, both from the point of view of the relations between legislative power and jurisdiction, and from the point of view of the rights of the individuals.