Consuetudine e teoria: un problema ricorsivo. Pratiche normative tra diritto e linguaggio.

The theory of custom aims to research and define what we call custom. This study attempts to orient theoretical practice towards itself and demonstrate that its very method and knowledge are customary: moving from the theory of custom to the custom of theory. In this sense, the theoretical question of custom is recursive. This study is divided into two parts. The first part illustrates the normative and customary aspects of theoretical practice. Three authors are discussed here: Robilant and the figural critique of theoretical knowledge, Quintilian and the customary foundation of reason, and Sini and the paradoxical outcome of the logical-definitional question. In the second part, the new perspective is exercised to several theories of legal custom, revealing the problematic relationship with the positivisation of knowledge. In conclusion, the normative recursion between custom and theory is demonstrated.