Santi Romano and the Concept of Legal Pluralism
نویسندگان
چکیده
The paper considers the significance of work Italian lawyer Santi Romano «Law and Order» (1917–1918) for formation development concept legal pluralism. author’s conclusions related to theory multiple institutions--the rule law in society--are analyzed. reveals thecorrelation S. Romano’s theses with views representatives St. Petersburg school Philosophy (S.I. Gessen, L.I. Petrazhitskiy, P.A. Sorokin, G.D. Gurvich), L. Dugi, M. Oriu, O. Ehrlich, Weber. It is established that can be considered a harbinger modern studies pluralism within framework anthropology, direction «law globalization». His ideas also intersect concepts «direct social law», «shadow highlighted Soviet Russian state law. author raises question about veracity certain statements as whole. noted contrary opinion Order», not every organized group has its own law, block emergence informal change structure society. argued manifests itself only multiplicity systems (legal orders), but reflection interests values different subjects specific systems. At same time, very possibility more general fact coexistence various (subsystems) society are confirmed. concluded other similar lies attempts theoretically substantiate relationship between pluralism, competition on one hand other. Despite some shortcomings these works need clarify understanding this indisputable, relevant research important relevant.
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ژورنال
عنوان ژورنال: Lex Russica
سال: 2023
ISSN: ['1729-5920', '2686-7869']
DOI: https://doi.org/10.17803/1729-5920.2023.199.6.138-147