Abstract

The aim of this article is to improve a law and culture perspective in order to re-construct legal stories in contexts. By emphasizing the role of human beings in acting law and justice, it proposes to shape a new concept – that of legal agentivity – to highlight how a kind of awareness of implicit or cultural rules make legal actors more or less successful in contributing to the solution of their cases. In combining insights from legal sociology, cultural psychology and anthropology, it analyses the cases of a native and a foreigner in order to show the kind of agentivity performed by the protagonists in two different legal-cultural frameworks. It also gives an account of the development of clinical projects in different areas of substantive law in European and non-European countries, such as Italy and Switzerland. Migration law is one of them.

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