Mariano Croce

Law as a morphology of the social. Santi Romano's legal pluralism

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Abstract

This article juxtaposes Santi Romano's legal-pluralist paradigm with other approaches to illustrate why his theory contributes to contemporary debates in the international academic environment. I first identify the differences between Romano and his contemporaries. In this regard, it is my claim that his theory stands out from the rest as he was able to advocate a pluralist conception of law without dissolving the legal into the social. I then put Romano's theory to the test of more recent literature on the issue with a view to arguing that it still remains an unsurpassed contribution to a pluralist understanding of law. The article concludes by contenting that Romano's defence of the juristic method was meant to preserve the transformative force of the legal practice.

Keywords

  • Institution
  • Legal Pluralism
  • Social Normativity
  • Social Pluralism
  • State Law

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