Il diritto come “arte sociale”. Contributo per una didattica innovativa

The jurist should not fear creativity but rather value it. The evolutionary development of humankind shows that the vocation to create – whether a work of art, a new legal institution, or an innovative interpretation – is a fundamental feature of human nature. The creative act is not the arbitrary exercise of power but the result of the human ability to combine reason and imagination, deduction and intuition. Every act of creation is an act of freedom and responsibility presupposing a system of rules and principles, within which, the artist expresses himself so that the work may be accessible and recognizable. Likewise, the jurist creates through the art of interpretation, always respecting the framework of rules and principles of the legal order.