Private law today and the role of the legal scholar

Abstract

The paper dwells on the question of legal pluralism as a re- sult of the progressive stabilization of liberal democracy. This means that even the techniques of legal analysis and argumentation are subjected to an overall critical reflection, in the name of interdisciplinarity. In fact, a democratic society in the mature sense is a pluralist society. Conse- quently, it is necessary that the juridical sphere be in close relation with the social sphere, otherwise it happens that the juridical system and the social system remain worlds apart, or at least too little interconnected. Therefore, the opening of law to the other social sciences (but also to the human sciences) is fundamental for a better and progressive adaptation of law to society. In fact, legal analysis cannot be reduced to a normative analysis, but must be understood as a social analysis. Consequently, a problem of renewal of the process of formation of the jurist also arises. On the one hand, because the training of the jurist is destined to continue in the post-university phase; on the other hand, because it is necessary to reflect on the mode of access to the classical legal professions, in the perspective of a broader training of the future jurist.