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Home » Archive » Santi Romano and the Perception of the Public Law Complexity

Aldo Sandulli
Santi Romano and the Perception of the Public Law Complexity
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Santi Romano, the major  Italian scholar of Public Law, was protagonist of the «most extraordinary intellectual adventure that any twentieth-century Italian jurist ever lived»: he was the architecture of the complexity of Public Law. In the Italian legal field, he first and most clearly perceived the crisis of the State and the surfacing of social and corporate forces with interests that conflicted with those of the municipal legal order. In 1917, after a gestation period lasting almost a decade, he developed, adopting a realist perspective,  his theory of the institutions in an essay entitled L’ordinamento giuridico. The article shows Romano’s contradictory personality and analyses the four periods of this complex and prismatic figure: the first, a five-year period of intense scientific activity - from 1897 to the beginning of  the  20th Century – is mostly dedicated to the production of monographs, consistent with legal method approach; in the second stage – up to the coming of Fascism – Santi Romano gradually distanced from this ideas, by writing fundamental essays on institutionalism; the third period - ending with the Second World War - is mainly dedicated to a system re-construction, by means of publishing mostly manuals; at the end of his life, there is the last stage, during which he drew up his scientific will, the “Fragments”.

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