Bruno Leoni e il diritto giurisprudenziale

This paper reinterprets Freedom and the Law by Bruno Leoni within the framework of the 20th-century debate on legal methodology. It explores Leoni’s critique of legislative positivism and his advocacy for jurisprudential law, emphasizing the tension between legislation and adjudication. The analysis delves into Leoni’s nuanced understanding of jurisprudential law, which encompasses both judicial decisions and academic legal scholarship. Unlike the rigid structure of statutory law, jurisprudential law evolves dialogically, reflecting a continuous interaction between judges, scholars, and societal changes. This study also critically assesses the limitations of Leoni’s model, particularly his skepticism towards judicial supremacy and his underestimation of the complexities involved in maintaining checks and balances within a jurisprudential system. By contextualizing Leoni’s ideas in the broader methodological controversies of his time, this paper highlights their relevance to contemporary legal theory, especially in discussions about the sources of law and the role of legal scholarship in shaping judicial reasoning.