L’attualita’ del pluralismo di Santi Romano: brevi spunti di riflessione

Abstract

Romano’s theories revolutionize the perspectives of the doctrine of publishing law. Adhering to certain European intellectual tendencies, which recognize Duguit and Hauriou as their initiators, this jurist explores the theme of social normativity, investigating human dynamics in their origin and in their juridity. The theory of institutions lead him out of the nineteenth-century State doctrine, devoted to the State-person as an exclusive legal order able to keep under its power all forms of social grouping. Every institution is an order, and this it is true also for the State, which is the most successful institution because it unifies all those minors that are born under its sovereignty. With this new methodological approach, Romano establishes a generally shared approach to analyze legal phenomenology, especially the Italian one, resulting, as described in the text, still useful in studies. Only in this way is it possible to explain the "Romanian paradox" and to solve conflict statism- pluralism. Starting from the institutionalism and pluralism, the analysis comes to the description of the "Influence to the constituent assembly", with the illustration of the transposition at the constitutional level of some substantial parts of Romano’s theories and therefore the way in which the doctrine, more and less recent, interprets and describes them. Towards the end, it’s explained the application of the theory of the legal system as Romano had formulated it to contemporary legal phenomena such as Territorial Autonomy, European Union and European Courts.