Art and Law. Formativity of the Norm

Law is a complex phenomenon and it is deeply rooted in human existence, yet often misunderstood as a simple set of arbitrary and contingent rules, dictated, in the best of cases, by the spirit of the times. At a time when the processes of transformation of the jurisprudence pushes us to look more closely at the connection between aesthetics and law, the paper will look at the inextricable link between the formativity of the norm and of the work of art. Building on the pareysonian reflexion, the article intends to develop the concept of formativity, for a greater understanding of the juridical form. Just like art needs the artist for interpretation, law needs the jurist to be interpreted, and law, like the work of art, is endowed with formality. The norm, therefore, does not exist as such and is not sufficient in itself, but exists as a function of its creation and interpretation.