Legal Pluralism from History to Theory and Back: Otto von Gierke, Santi Romano, and Francesco Calasso on Medieval Institutions

Abstract This paper considers the historical contexts in which theories of legal pluralism grew and developed between final third nineteenth century first half twentieth century. Theories state as a pluralistic system, opposed to absolute supremacy state-made law, were focus German scholarship late century, represented by towering figure Otto von Gierke. Gierke's image pluralist Middle Ages largely influenced Europe, even affecting Italian scholar Santi Romano, whose book on “legal order” has been considered milestone construction theories. Once passed from historian like Gierke theorist model order returned historiography, inspiring innovative interpretation medieval law proposed Francesco Calasso. was conservative, right-wing socialist, Romano fascist counselor government. Calasso, contrary, liberal opponent regime. The three versions pluralism, then, decline same basic vision different ways, being political authors operated.