The Figure of the Unknown within Sacco’s Theory

Abstract

The article analyzes one aspect of Rodolfo Sacco’s complex and innovative theoretical itinerary as it evolved. While the author’s theoretical perspective is often remembered as the theory of the legal formant and of the mute origin of law within a comparatist perspective, it seems to me that another area of his work remains relevant and needs to be explored further, perhaps beyond the very methodological ways provided by the author. From the work on interpretation to the legal anthropology, the implicit copresence of mute and spoken represents one of the most interesting features of the theory, which appears capable of intercepting many contemporary problems of the evolutions of the law. The paper will move toward a different direction: with the aim to show how there are very different theoretical positions within the philosophy of law that can be approached from the perspective of comparative law in the formulation proposed by Rodolfo Sacco, around the central problem of the radical transformations of the concept of law. Thus, a problem is identified, at once epistemological and semiotic, that appears central to the configuration of legal thought in the age of globalization: the epistemological role of the unknown in the construction of knowledge, as a modular methodological problem and its implicit Vichian ancestry.