Santi Romano and the Juristic Point of View

Chapter title: Santi Romano and the Juristic Point of ViewChapter abstract: This chapter illustrates Romano’s groundbreaking theory by presenting his conceptions of institutionalism and pluralism as coherently glued together. All that is organized is an institution; all institutions are legal entities. No privileged legal entity exists that can claim other entities are not legal. Based on this radical view, Romano’s overall contribution comes down to the conclusion that the only way to make social and political pluralism work is to provide a purely jurisprudential account of it—one that remains within the boundaries of the juristic practice and downplays politics as an ancillary, contextual activity of governing. The chapter then makes the case that Romano intended to put forward a conception of legal theory as a technique of description that is capable of engendering particular social outcomes—as well as effects of domestication and compatibility in so far as social pluralism is concerned.