Eugenio Bulygin sulla creazione giurisprudenziale di diritto

This paper reconstructs and critically examines the central aspects of Eugenio Bulygin’s theory regarding the logical structure of judicial decisions, as presented in his essay “Sentenza giudiziaria e creazione di diritto” and further developed in his later works. The study focuses particularly on the foundations of judicial reasoning, the processes of legal interpretation and gap-filling, and the systemic properties of norms, highlighting their significance for the theoretical understanding of judicial rulings. Finally, it explores the conceptual distinction between the application and creation of law, considering a refinement of the conceptual categories originally proposed by Bulygin.