Santi Romano against the state?
This paper argues that Santi Romano’s legal institutionalism is driven by implicit normative assumptions that stand in tension with Romano’s commitments to legal positivism and legal pluralism. Romano’s approach to the individuation of legal orders is indefensible on purely descriptive grounds, as i...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2018-08-01
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| Series: | Ethics & Global Politics |
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| Online Access: | http://dx.doi.org/10.1080/16544951.2018.1498697 |
| _version_ | 1818965686293102592 |
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| author | Lars Vinx |
| author_facet | Lars Vinx |
| author_sort | Lars Vinx |
| collection | DOAJ |
| description | This paper argues that Santi Romano’s legal institutionalism is driven by implicit normative assumptions that stand in tension with Romano’s commitments to legal positivism and legal pluralism. Romano’s approach to the individuation of legal orders is indefensible on purely descriptive grounds, as it rests on a picture of good social order. That picture, in turn, gives more prominence to the state, as an institution of institutions, than one would expect in a thoroughly pluralist legal theory. Romano’s reflections on the different ways in which institutions can become legally relevant to one another is nevertheless highly valuable. It provides the toolkit for developing a normatively attractive conception of the legal relations of the state to other institutional orders. |
| first_indexed | 2024-12-20T13:20:57Z |
| format | Article |
| id | doaj.art-6f7d059212ca4163abf09e6399b26eb7 |
| institution | Directory Open Access Journal |
| issn | 1654-4951 1654-6369 |
| language | English |
| last_indexed | 2024-12-20T13:20:57Z |
| publishDate | 2018-08-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Ethics & Global Politics |
| spelling | doaj.art-6f7d059212ca4163abf09e6399b26eb72022-12-21T19:39:23ZengTaylor & Francis GroupEthics & Global Politics1654-49511654-63692018-08-01112253610.1080/16544951.2018.14986971498697Santi Romano against the state?Lars Vinx0University of CambridgeThis paper argues that Santi Romano’s legal institutionalism is driven by implicit normative assumptions that stand in tension with Romano’s commitments to legal positivism and legal pluralism. Romano’s approach to the individuation of legal orders is indefensible on purely descriptive grounds, as it rests on a picture of good social order. That picture, in turn, gives more prominence to the state, as an institution of institutions, than one would expect in a thoroughly pluralist legal theory. Romano’s reflections on the different ways in which institutions can become legally relevant to one another is nevertheless highly valuable. It provides the toolkit for developing a normatively attractive conception of the legal relations of the state to other institutional orders.http://dx.doi.org/10.1080/16544951.2018.1498697Santi Romanolegal institutionalismlegal pluralismlegal positivismstate theory |
| spellingShingle | Lars Vinx Santi Romano against the state? Ethics & Global Politics Santi Romano legal institutionalism legal pluralism legal positivism state theory |
| title | Santi Romano against the state? |
| title_full | Santi Romano against the state? |
| title_fullStr | Santi Romano against the state? |
| title_full_unstemmed | Santi Romano against the state? |
| title_short | Santi Romano against the state? |
| title_sort | santi romano against the state |
| topic | Santi Romano legal institutionalism legal pluralism legal positivism state theory |
| url | http://dx.doi.org/10.1080/16544951.2018.1498697 |
| work_keys_str_mv | AT larsvinx santiromanoagainstthestate |