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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

Legal Theory as a Discipline and the Trouble with Pluralism

Legal Theory as a Discipline and the Trouble with Pluralism

(p.11) Chapter One Legal Theory as a Discipline and the Trouble with Pluralism
The Legacy of Pluralism

Mariano Croce

Marco Goldoni

Stanford University Press

Chapter abstract: This chapter offers an account of the rise of legal theory as a discipline. It begins by expanding on how and why in the nineteenth century legal theorists felt the need to draw the borders of their discipline and what effects it had on the understanding of the relation between law, politics, and society. It then explores the most remarkable reactions to the outcome of legal theory becoming a specialized discipline, or rather, the identification of the general phenomenon of law with the law of the state. Based on this analysis, these pages go on to offer a short description of what pluralism looked like between the nineteenth and the twentieth century. The chapter concludes by explaining in what sense the relation between the specialization of legal theory and the conceptualization of pluralism provides the key to understanding Romano, Schmitt, and Mortati.

Keywords:   Duguit, Ehrlich, Gierke, institutionalism, jurisprudence, organicism, pluralism, positivism, Savigny

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