The legal order

by Romano, Santi

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Title Statements

Full title :The legal order / Santi Romano ; edited and translated by Mariano Croce.

Summary

"The main focus of [this book] is the notion of institution, which [the author] considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as 'the first, original and essential manifestation of law'. [The author] advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a...theory of legal pluralism whereby 'there are as many legal orders as institutions'. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano's work is highly regarded in France, Germany, Spain and South America, as well as in Italy), [this book] not only proposes what Carl Schmitt described as a 'very significant theory'. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today's world."--

Edition Statements

Publication Date:2017.

Publication Statements

Publisher(s):Routledge
Place of Publication:Abingdon, Oxon
Language:eng
Publication Date:2017.

The Physical Object

Description:1 online resource.

Edition Identifiers

ISBN:9781351674386, 1351674382
oclc:ocn992780177
LC Classification:K230.R642
Dewey Decimal:340/.1

The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited -- How a legal order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression the legal order -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a…

Subjects

Droit Electronic books Jurisprudence LAW -- Essays LAW -- General Practice LAW -- Jurisprudence LAW -- Paralegals & Paralegalism Law -- Philosophy LAW -- Practical Guides LAW -- Reference law (discipline)