Notes for a case theory: Dilemmas and proposals for a definition
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Francesca Scamardella
Publishing Year 2020 Issue 2019/3
Language Italian Pages 19 P. 51-69 File size 198 KB
DOI 10.3280/SD2019-003003
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From the standpoint of clinical-legal methodology, this paper tries to investigate a useful but very ambiguous category: the case theory. By this expression, scholars mean the detailed and consistent story that tells how facts happen and why. Both lawyers and clients use it to build a legal strategy for defending the latter ones in trials. Under this premise, the author tries to in-vestigate some dilemmas, starting from the differences between ‘fact’, ‘case’, and ‘fattispecie’. The chosen perspective is hermeneutic since facts are constructed and re-constructed in a so-cio-cultural and legal context where lawyers, clients, witnesses, judges, and jury - each one playing their own part - try to build, interpret, argue and value a case theory.
Keywords: Clinical-legal education, Case theory, Facts, Context, Hermeneutics
Francesca Scamardella, Appunti per una teoria del caso: dilemmi e proposte definitorie in "SOCIOLOGIA DEL DIRITTO " 3/2019, pp 51-69, DOI: 10.3280/SD2019-003003