Metodologia ermeneutica e didattica giuridica. A partire da un recente volume di Donato Carusi su diritto e letteratura

Starting from a recent work on Law and Literature, the item proposes a teaching methodology for the study of law capable of not neglecting the legal-her meneutic methodology. Critical pre-understanding and hermeneutic circulari ty are necessary training tools for a jurist, such as the contemporary one, protagonist of a legal era that has emerged from geo-globalization, but still incapable of defining the contexts of the new geo-glocalization. Literature – as well as aesthetics has provided tools for possible anticipation of the need for the jurist to over come the relationship between philological interpretation and mere criticism of legal texts with the definition of the concept of critical pre-understanding and to overco me the paradox of a method of the democratic majority only aimed at imposing decisions that are convenient for most people, but not necessarily actionable for the entire social context, bt hermeneutic circle. The law closer to justice than to law, claimed by the literary psychologism of the early twentieth century and by nineteenth-century literary realism, must be proposed for the formation of the jurist’s habitus and for the latter’s concrete operation in the social sphere. The teaching of law is the possible tool, being able to benefit from the legal-hermeneutic method wi thout excluding it from the applicative potential of law, to transpose an aspiration and a concrete human need, collected in literary experiences, within the le gal reality of all days. The legal-hermeneutic method presents itself as a peculiar possible training path for the jurist attenti ve to the transformations of a political society that cannot be governed and regulated exclusively throu gh the order of laws desired by the majority of its members.