Cognitive Turn? Between legal positivism and legal cognitivism: Some sociological-legal reflexes
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Giovanni Bombelli
Publishing Year 2022 Issue 2022/1
Language Italian Pages 27 P. 71-97 File size 288 KB
DOI 10.3280/SD2022-001004
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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, this paper draws a theoretical model concerning the cognitive dimension. The analysis of its levels allows to discuss some 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 cogni-tive turn after the linguistic turn of the last century.
Keywords: Cognition - Law - Legal positivism - Legal cognitivism - Decision -Behaviour - Society
Giovanni Bombelli, Cognitive Turn? Tra giuspositivismo e giuscognitivismo. Alcuni riflessi socio-giuridici in "SOCIOLOGIA DEL DIRITTO " 1/2022, pp 71-97, DOI: 10.3280/SD2022-001004