Three books on “The legal order” in the aftermath of the centennial celebrations of its publication: is santi romano’s doctrine still useful?

MARCO LUNARDELLI

This review scrutinizes the three books just mentioned and proceeds as follows. The second paragraph is devoted to Santi Romano’s doctrine, as recently read by distinguished scholar Martin Loughlin. The review then provides a description of the two books directly concerned with Romano’s legal order doctrine. Since they are both a collection of essays, which investigate the possible applications of the doctrine in different domains and subject matters, the analysis will be limited to some of the essays, essentially to those adopting an administrative law or at least a public law perspective. The fourth paragraph details some of the contents of Federici’s book, in which Santi Romano’s influence can be inferred not only from the public law arguments but also from those apparently used to pursue other objectives, such as to provide an account of some historical events. Finally, the review seeks to answer the question of whether Romano’s doctrine may have some vitality today.

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