Imparare dalla storia. Rilfessione sul metodo del diritto comparato e sul ruolo dei suoi cultori

Although legal comparison emphasises its connection with history, the use of the structuralist method leads to neglect the temporal dimension in the study of law and thus to develop a scientistic approach. To overcome it, the contribution of comparative history and in particular the lesson of Marc Bloch are of great importance, since he used comparison to stress peculiarities. The reference to Bloch is also useful to challenge the traditional image of legal scholars, reproduced also by comparatists using the structuralist method: the image of the technocrat, which has to be fought in order to let ideal tensions emerge.