First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano´s classic work, L´ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as `the first, original and essential manifestation of law´. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby `there are as many legal orders as institutions´. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano´s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a `very significant theory´. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today´s world.
Foreword: Martin Loughlin
1. The concept of legal order
2. The plurality of legal orders and their relationships
Afterword: Mariano Croce
First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romano´s classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a thorough rethinking of state-based models of law.
"The Legal Order forces the reader in its indirect, enigmatic way—and especially when put into its wider political context—to ponder questions about the nature, significance, and challenges of legal pluralism that go far beyond those encountered in many contemporary social scientific debates around this concept."
Roger Cotterrell, FBA is the Anniversary Professor of Legal Theory at Queen Mary University of London
Inhaltsverzeichnis
Foreword: Martin Loughlin
1. The concept of legal order
2. The plurality of legal orders and their relationships
Afterword: Mariano Croce
Klappentext
First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romanös classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a thorough rethinking of state-based models of law.
