Cognitive Turn? Tra giuspositivismo e giuscognitivismo. Alcuni riflessi socio-giuridici

The increasing complexity of the relation law-society elicits new conceptual tools, that is to say a cognitive approach for understanding the legal sphere beyond the liberal-positivist legacy. Starting from some sparks provided by Gabriel Tarde and Leon Petrażycki, the paper draws a theoretical model concerning the cognitive dimension. The analysis of its levels allows to discuss some social current societal pathologies (i.e. populism) in the light of the contemporary democratic-constitutional systems and makes room for conclusions about the proposal for a cognitive turn after the linguistic turn of the last century.