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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: 15 April 2021

Pluralism and Order

Pluralism and Order

Two Interpretive Axes

Chapter:
(p.184) Chapter Five Pluralism and Order
Source:
The Legacy of Pluralism
Author(s):

Mariano Croce

Marco Goldoni

Publisher:
Stanford University Press
DOI:10.11126/stanford/9781503612112.003.0006

Chapter abstract: The chapter takes stock of the preceding analyses and assesses Romano’s, Schmitt’s, and Mortati’s institutionalism according to two interpretive axes that are extracted from a systematic reading of their work. Both axes provide an oscillation band across which their theories can be located and their differences appreciated. The first axis is built around conceptions of legal knowledge, and its coordinates are represented by political and juristic views of legal knowledge. The second part of the chapter focuses on the other axis: the relation between social relations and nomic force. In this final part, the chapter makes the case that at the intersection of the two axes it is possible to observe how distinctive and original the contributions of Romano, Schmitt, and Mortati are.

Keywords:   legal knowledge, Luhmann, matter, nomic force, social order

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