Precedente e jurisprudência

Abstract

The reference to precedent is no longer a peculiar characteristic of common law systems, being now present in almost all systems, even the civil law ones. The resource to precedent characterizes in a peculiar way the structure of legal argumentation, be it when precedent is claimed by doctrine, be it when judicial interpretation of law makes reference to it. It is jurisprudence that builds the effective content of the so-called living law, which represents in many cases the only right of which we dispose or the true right of which we dispose.