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Cascavilla, Michele

Santi Romano e la concezione sociologica del diritto

2020 - Franco Angeli

9-23 p.

  • This work on Santi Romano's theory of law intends to help clarify the controversial question of interpretation concerning the possibility to frame his analysis within sociology of law. In fact, while some scholars consider his contribution to sociology of law to be definitely relevant, other ones believe that the equation he suggests between law and institution - to be understood as a social organization (ubi societas, ibi ius / ubi ius, ibi societas) - would be without developments in a sociological sense and would concern a formal theory of law only.
  • In this paper the author intends to deepen some significant themes of Romano's theory (mostly developed in the pages of L'ordinamento giuridico, 1918, and Frammenti di un dizionario giuridico, 1947), in particular the function of law in society, the link between law and morality, law and economics, and law and revolution - in order to analyse the connection between legal factors and social factors, as well as to evaluate the sociological value of Romano's theory. [Publisher's text].

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Sociologia del diritto : 1, 2020