
The Legacy of Pluralism
The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati
Stanford University Press
Published on 25. August 2020
Book
Hardback
264 pages
978-1-5036-1211-2 (ISBN)
Description
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.
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.
Reviews / Votes
"A long overdue contribution to the study of twentieth century state and constitutional theory, The Legacy of Pluralism brings the important works of Santi Romano and Costantino Mortati into conversation with Carl Schmitt's better known jurisprudence. An indispensable book for legal and political theorists seeking to reconceptualize law beyond the decisive/norm divide in subnational and transnational contexts."-John P. McCormick, University of Chicago "At a time when constitutional and legal theory reflect the crisis of liberal democracy, this highly illuminating book reflects on the attempts by Santi Romano and Mortati to provide theories of public law that take account of the material basis of constitutions, the forces that lead to pluralism, and the place of politics in the legal order."-David Dyzenhaus, University of Toronto "This fascinating analysis of the work of three eminent jurists of the early twentieth century offers a unique perspective on the relation between law and politics. An instructive and compelling read on the challenges of pluralism to the unity of the state."-Lea Ypi, The London School of Economics and Political Science "[I]f we are witnessing the luxuriance of drives and debates that stress complexity rather than uniformity, claims for processes of autonomy and recognition of what is particular in the social fabric as opposed to a pretentious monolithism, the cause of this lies precisely in the crisis of a political paradigm that finds its fulcrum and raison d'etre in sovereignty. This is exactly where Croce and Goldoni's text fits in, and it does so by proposing in backlight two uncomfortable but necessary questions. The first one: what are we talking about when we talk about 'pluralism'? And the second, consequently: how is it possible to rethink a unity in a structurally plural way?"-Alvise Capria, UniversaMore details
Series
Edition
New edition
Language
English
Place of publication
Palo Alto
United States
Target group
Professional and scholarly
Edition type
New edition
Product notice
Cloth
Dimensions
Height: 229 mm
Width: 157 mm
Thickness: 23 mm
Weight
612 gr
ISBN-13
978-1-5036-1211-2 (9781503612112)
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Schweitzer Classification
Other editions
Additional editions

Mariano Croce | Marco Goldoni
The Legacy of Pluralism
The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati
E-Book
08/2020
Stanford University Press
€139.99
Available for download
Persons
Mariano Croce is Associate Professor of Political Philosophy at the Department of Philosophy of Sapienza Universita di Roma.Marco Goldoni is Senior Lecturer in Legal Theory at the Law School of the University of Glasgow.
Content
Introduction
1. Legal Theory as a Discipline and the Trouble with Pluralism
2. Santi Romano and the Juristic Point of View
3. Carl Schmitt and the Concrete Order
4. Costantino Mortati and the Material Constitution
5. Pluralism and Order: Two Interpretative Axes
Conclusion
1. Legal Theory as a Discipline and the Trouble with Pluralism
2. Santi Romano and the Juristic Point of View
3. Carl Schmitt and the Concrete Order
4. Costantino Mortati and the Material Constitution
5. Pluralism and Order: Two Interpretative Axes
Conclusion