Cryptotype


Cryptotypes or cryptotypes are all those elements that contribute to forming the jurist's mindset of a particular legal order, that is, those elements that characterize the historical context and the cultural, social and economic environment in which the jurist has formed .

The study of cryptotypes, in the context of comparing different legal systems, allows you to learn - and in concrete terms - how distinct "legal systems" come closer and how they differ. In order to better define crittotypes, the concept of "formant" should be introduced. And then having in mind a legal order it can be seen that it has many different approaches to the law itself. There is a right of "professors", doctrine, a right of "practitioners", jurisprudence, "living law", practice, law, etc. Not necessarily two legal concepts belonging to distinct legal systems - and described in a completely irreconcilable manner with the same "formative" in mind - are similarly different, going to compare, for example, the practical application or interpretation that each of them day, and beyond the date doctrinal definition, is provided daily in the courts. The study of formants, and the analysis of cryptotypes, are the main comparative law analysis tool.

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