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The Legacy of PluralismThe Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati$
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Mariano Croce and Marco Goldoni

Print publication date: 2020

Print ISBN-13: 9781503612112

Published to Stanford Scholarship Online: January 2021

DOI: 10.11126/stanford/9781503612112.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 19 September 2021



(p.1) Introduction
The Legacy of Pluralism

Mariano Croce

Marco Goldoni

Stanford University Press

Chapter abstract: The Introduction explains why it is worth reading Santi Romano’s, Carl Schmitt’s, and Costantino Mortati’s theories against each other. They advanced prototypical solutions to the problem of radical pluralism and how the state could deal with nonstate normative entities. Theirs were seminal reflections on the destiny of the state vis-à-vis the rise of nonstate bodies that rejected the myth of modern statehood and claimed jurisdictional and legislative autonomy. On one hand, these authors’ theories are related to each other as they recognize that the proliferation of normativity is an intrinsic dynamic of social life. On the other, they came to altogether different conclusions on how this dynamic should be governed in order for a political community to come into existence and continue to exist. The Introduction finally elucidates why and in what sense these eminent versions of classic legal institutionalism are key to understanding today’s pluralism.

Keywords:   legal pluralism, Mortati, nonstate law, Romano, Schmitt, social pluralism, state law

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