How should the state face the challenge of radical pluralism? How
can constitutional orders be changed when they prove unable to
regulate society? Santi Romano, Carl Schmitt, and Costantino
Mortati, the leading figures of Continental legal institutionalism,
provided three responses that deserve our full attention today.
Mariano Croce and Marco Goldoni introduce and analyze these three
towering figures for a modern audience. Romano thought pluralism to
be an inherent feature of legality and envisaged a far-reaching
reform of the state for it to be a platform of negotiation between
autonomous normative regimes. Schmitt believed pluralism to be a
dangerous deviation that should be curbed through the juridical
exclusion of alternative institutional formations. Mortati held an
idea of the constitution as the outcome of a basic agreement among
hegemonic forces that should shape a shared form of life. The
Legacy of Pluralism explores the convergences and divergences of
these towering jurists to take stock of their ground-breaking
analyses of the origin of the legal order and to show how they can
help us cope with the current crisis of national constitutional
systems.
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