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

Croce, M. and Goldoni, M. (2020) The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt and Costantino Mortati. Series: Jurists: profiles in legal theory. Stanford University Press: Stanford, CA. ISBN 9781503612112

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Publisher's URL: https://www.sup.org/books/title/?id=28690

Abstract

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.

Item Type:Books
Status:Published
Glasgow Author(s) Enlighten ID:Goldoni, Dr Marco
Authors: Croce, M., and Goldoni, M.
College/School:College of Social Sciences > School of Law
Publisher:Stanford University Press
ISBN:9781503612112

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