«Cooperazione splendida di diverse scienze, a servizio del vero, onde nasce e si svolge il diritto progressivo». A proposito di un saggio di Mariano D’Amelio

This work deals with the relationship between law and technological\r\ninnovation from a legal-historical perspective. Starting from the concepts of\r\ninnovation and transition, which are considered valid methodological and\r\nheuristic tools to fully understand the processes of legal change, continuity and\r\nrupture, the investigation focuses in particular on the 19th century, during which\r\njurists were faced with increasingly sudden social and technological\r\ntransformations that led them to question the adequacy of the code, an\r\ninstrument of certainty and stability, to adapt to such change. Starting from a\r\npaper by Mariano D’Amelio on the use of photography as a means of proof in civil\r\nproceedings, an attempt was therefore made to understand what the attitude of\r\nthe lawmakers was; they, faced with the need to regulate social change, continued\r\nto look to the code to revitalise its features, emphasising the hermeneutic role of\r\njurisprudence to which was entrusted the task of conditioning the content of the\r\nlaw, making it capable of responding to changes in society. The innovation of law\r\nthat passed through the valorisation of the jurisprudential moment therefore\r\nalways took place within a legalistic framework.