Mariano Croce and Marco Goldoni
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9781503612112
- eISBN:
- 9781503613126
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503612112.003.0005
- Subject:
- Law, Legal History
Chapter abstract: The aim of this chapter is twofold. It initially illustrates Mortati’s version of legal institutionalism and then explains how his idea of the material constitution addresses the ...
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Chapter abstract: The aim of this chapter is twofold. It initially illustrates Mortati’s version of legal institutionalism and then explains how his idea of the material constitution addresses the challenge of pluralism. There are three main parts of the chapter. In the first, the historical context of Mortati’s reflections is briefly introduced. The second part is centered on the main tenets of his legal theory. First, his imperative conception of law and the institutionalist version of the legal order are compared not only with Romano and Schmitt, but also with Smend and Heller. Then, the key notion of the material constitution is reconstructed through an analysis of its function, subjects, and fundamental political aims. The last part of the chapter argues that the concept of the material constitution was conceived as a response to social pluralism and elucidates its undergirding integrative logic.Less
Chapter abstract: The aim of this chapter is twofold. It initially illustrates Mortati’s version of legal institutionalism and then explains how his idea of the material constitution addresses the challenge of pluralism. There are three main parts of the chapter. In the first, the historical context of Mortati’s reflections is briefly introduced. The second part is centered on the main tenets of his legal theory. First, his imperative conception of law and the institutionalist version of the legal order are compared not only with Romano and Schmitt, but also with Smend and Heller. Then, the key notion of the material constitution is reconstructed through an analysis of its function, subjects, and fundamental political aims. The last part of the chapter argues that the concept of the material constitution was conceived as a response to social pluralism and elucidates its undergirding integrative logic.
Geoffrey M. Hodgson
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780226168005
- eISBN:
- 9780226168142
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226168142.003.0017
- Subject:
- Economics and Finance, Economic Systems
The introduction outlines the aims of the book and the perspective adopted. The importance of adequate definitions of key terms is stressed. This vital task of conceptual precision has been ...
More
The introduction outlines the aims of the book and the perspective adopted. The importance of adequate definitions of key terms is stressed. This vital task of conceptual precision has been downgraded and the meaning of several key terms has been corrupted. Important theorists of capitalism, including Karl Marx, Max Weber, Joseph A. Schumpeter, John Maynard Keynes, and Friedrich A. Hayek, are discussed. The adopted theoretical approach of legal institutionalism is outlined. There is also a short overview of the literature on the origins of capitalism. The definition of capitalism developed in the book is cited. Finally the structure and content of the book are outlined.Less
The introduction outlines the aims of the book and the perspective adopted. The importance of adequate definitions of key terms is stressed. This vital task of conceptual precision has been downgraded and the meaning of several key terms has been corrupted. Important theorists of capitalism, including Karl Marx, Max Weber, Joseph A. Schumpeter, John Maynard Keynes, and Friedrich A. Hayek, are discussed. The adopted theoretical approach of legal institutionalism is outlined. There is also a short overview of the literature on the origins of capitalism. The definition of capitalism developed in the book is cited. Finally the structure and content of the book are outlined.
Geoffrey M. Hodgson
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780226168005
- eISBN:
- 9780226168142
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226168142.001.0001
- Subject:
- Economics and Finance, Economic Systems
The aim of this book is to define the nature of capitalism. But our understanding of that system has been impaired by the deep corruption within the social sciences of key terms such as property, ...
More
The aim of this book is to define the nature of capitalism. But our understanding of that system has been impaired by the deep corruption within the social sciences of key terms such as property, exchange, markets, and capital. Using a new theoretical approach called legal institutionalism (which differs profoundly from both Marxism and much pro-market libertarianism) this book defines these key concepts clearly, and establishes the constitutive role of law and the state within capitalism. Capitalism emerged fully in the eighteenth century, when developments in financial institutions enabled a take-off in production and trade. While markets are central to capitalism, it is not simply a market system: unavoidably it contains different subsystems of governance, production, distribution and exchange. Furthermore, capitalism cannot in principle have markets for everything, or bring everything under within the orbit of commodity exchange. The book further considers the global development of the system in the twenty-first century, including the implications of increasing knowledge intensity in production, the challenges to US hegemony from China and elsewhere, and the drivers of inequality within the system.Less
The aim of this book is to define the nature of capitalism. But our understanding of that system has been impaired by the deep corruption within the social sciences of key terms such as property, exchange, markets, and capital. Using a new theoretical approach called legal institutionalism (which differs profoundly from both Marxism and much pro-market libertarianism) this book defines these key concepts clearly, and establishes the constitutive role of law and the state within capitalism. Capitalism emerged fully in the eighteenth century, when developments in financial institutions enabled a take-off in production and trade. While markets are central to capitalism, it is not simply a market system: unavoidably it contains different subsystems of governance, production, distribution and exchange. Furthermore, capitalism cannot in principle have markets for everything, or bring everything under within the orbit of commodity exchange. The book further considers the global development of the system in the twenty-first century, including the implications of increasing knowledge intensity in production, the challenges to US hegemony from China and elsewhere, and the drivers of inequality within the system.
Mariano Croce and Marco Goldoni
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9781503612112
- eISBN:
- 9781503613126
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503612112.001.0001
- Subject:
- Law, Legal History
Book Abstract: How should the state face the challenge of radical pluralism? How could constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and ...
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Book Abstract: How should the state face the challenge of radical pluralism? How could 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 these help us cope with the current crisis of national constitutional systems.Less
Book Abstract: How should the state face the challenge of radical pluralism? How could 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 these help us cope with the current crisis of national constitutional systems.
Mariano Croce and Marco Goldoni
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9781503612112
- eISBN:
- 9781503613126
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503612112.003.0007
- Subject:
- Law, Legal History
Chapter abstract: This conclusion offers a brief summary of the main findings of the book. The central concerns of these legal institutionalists—namely, how nomic force molds social relations and the ...
More
Chapter abstract: This conclusion offers a brief summary of the main findings of the book. The central concerns of these legal institutionalists—namely, how nomic force molds social relations and the role of legal science in this process—are recapitulated. In the other part of the Conclusions, the emphasis is placed on the relevance of these approaches to law for the contemporary debate, with a focus on the issues caused by globalization and the proliferation of legal orders at different levels. A brief comparison with the methodology adopted by global administrative law, global legal pluralism, and constitutional pluralism is proposed as an illustration of the rich contribution Romano, Schmitt, and Mortati can make to the understanding of the present.Less
Chapter abstract: This conclusion offers a brief summary of the main findings of the book. The central concerns of these legal institutionalists—namely, how nomic force molds social relations and the role of legal science in this process—are recapitulated. In the other part of the Conclusions, the emphasis is placed on the relevance of these approaches to law for the contemporary debate, with a focus on the issues caused by globalization and the proliferation of legal orders at different levels. A brief comparison with the methodology adopted by global administrative law, global legal pluralism, and constitutional pluralism is proposed as an illustration of the rich contribution Romano, Schmitt, and Mortati can make to the understanding of the present.
