SOAS Research Online

A Free Database of the Latest Research by SOAS Academics and PhD Students

[skip to content]

Menski, Werner F (2018) 'Law as a global entity through Italian eyes and minds.' Ethics & Global Politics, 11 (1). p. 1498701.

[img]
Preview
Text - Published Version
Available under License Creative Commons Attribution 4.0 (CC-BY 4.0).

Download (1MB) | Preview

Abstract

This contribution discusses, from the perspective of global comparative law, how Mariano Croce’s English translation of a major book by an important early-Italian scholar, Santi Romano, allows helpful insights into early twentieth-century Italian thinking about the intrinsically plural nature of law. This debate connects directly to current worldwide discourses about legal pluralism, showing how Romano’s exciting project forms an early precursor of the gradual movement towards obtaining a better grasp of the inner nature of the deeply plural concept of law. Romano’s work, as a remarkably pertinent early contribution, of lasting relevance to global legal theorizing, indicates that a reductionist, positivistic conceptualization of law that ignores the legal agency of common citizens could easily lead to disastrous outcomes through abuses of state-centric powers. Connecting Romano’s early theorizing to many currently ongoing debates in different jurisdictions and legal orders about the plurality of laws, this article seeks to demonstrate the powerful impact that such kind of pioneering work can have even today. It strengthens, above all, the currently growing realization that law is certainly much more than state law, and that people’s laws and their diverse values and ethics should be treated with more respect by legal orders.

Item Type: Journal Article
Keywords: Administrative law, globalization, Hindu law, institutional theory of law, Italian law, law and ethics, law and religion, legal pluralism, legal theory, Santi Romano
SOAS Departments & Centres: Departments and Subunits > School of Law
ISSN: 1654-4951
DOI (Digital Object Identifier): https://doi.org/10.1080/16544951.2018.1498701
Date Deposited: 09 Aug 2018 13:09
URI: http://eprints.soas.ac.uk/id/eprint/26220

Statistics

Download activity - last 12 months
Downloads since deposit
11Downloads
97Hits
Accesses by country - last 12 months
Accesses by referrer - last 12 months

Research Mentions and Reach

Additional statistics for this record are available via IRStats2

Repository staff only

Edit Item Edit Item