Le cliniche legali italiane e la risignificazione del diritto

Abstract

This contribution considers the practice of the Italian legal clinics by questioning the concept of law that may be identified behind their interventions. After having highlighted some peculiarities of their history and narrative, I will develop some hypotheses with respect to the theoretical foundations of their approach: moving from the legal realism and the critical theories of law, commonly recognized as philosophical bases of the legal clinics, I will thus identify some elements which appear to overcome the assumptions of these theories. Finally, I will look at the particular role that Italian legal clinics assume with respect to the protection, through the law, of constitutional rights, by defining their commitment starting from this main function; a function which specifies a particular concept of law and of the role of the contemporary jurist: to re-signify fundamental rights, affirming them in terms of cultural translation and effectiveness. In this regard, I will also consider the peculiarity of Italian legal clinics which have been mainly activated by philosophers of law.