The Legacy of Pluralism
eBook - ePub

The Legacy of Pluralism

The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati

  1. 264 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

The Legacy of Pluralism

The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati

About this book

How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life.

The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.

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Yes, you can access The Legacy of Pluralism by Mariano Croce,Marco Goldoni in PDF and/or ePUB format, as well as other popular books in Law & European History. We have over one million books available in our catalogue for you to explore.

Information

Edition
1
Topic
Law
Index
Law

Table of contents

  1. Cover
  2. Series Page
  3. Title Page
  4. Copyright
  5. Contents
  6. Introduction
  7. 1. Legal Theory as a Discipline and the Trouble with Pluralism
  8. 2. Santi Romano and the Juristic Point of View
  9. 3. Carl Schmitt and the Concrete Order
  10. 4. Costantino Mortati and the Material Constitution
  11. 5. Pluralism and Order: Two Interpretive Axes
  12. Conclusion
  13. Notes
  14. Index
  15. Series List