El ordenamiento jurídico de Santi Romano es, sin duda alguna, una obra fundamental. Y no es la circunstancia concreta de presentar ahora la obra al lector español la que dicta estas palabras, sino que las recojo conociendo plenamente el valor objetivo que ellas tienen; sobradamente tendremos ocasión de ver la consideración que la obra de Romano recibe por parte de la doctrina, como de un auténtico y verdadero hito en el desarrollo del pensamiento jurídico contemporáneo. De ahí (...) precisamente que no trate de llevar a cabo ni un análisis crítico de la misma, ni menos aún de la obra de Romano en general; tal pretensión de enjuiciamiento limitaría casi con lo grotesco, por carecer de toda autoridad en el campo de la dogmática general del Derecho, que es en el que, en concreto, se mueve Santi Romano en la obra que presentamos. Estas páginas, por el contrario, pretenden tener una finalidad mucho más modesta: simplemente presentar la obra al lector español, formulando al mismo tiempo algunas aplicaciones concretas de la tesis ordinamental en el campo específico del Derecho administrativo. Sebastián Martín Retortillo. (shrink)

The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited -- How a legal (...) order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression "the legal order" -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a legal order -- Evidence for this equivalence based on the doctrine that the law is only "form" -- Mention of some problems that need solving in the light of this equivalence -- Cases in which the original establishment of a law does not depend on norms, but on the emergence of an institution, and the impossibility of reducing the institution to the norms -- The concept of institution and the international legal order -- The institution and the legal relationship: relationships between more persons -- Relationships between persons and things : examples of some of these relationships that, considered more broadly, cab be portrayed as institutions -- The institution and the legal person -- My conception of the law with respect to certain problems relating to : 1. The legal character of state power; 2. The extension of the state personality; 3. The legal relevance of its territory and citizenry -- Critical assessment of some opinions that attach importance to the legal order only insofar as it reflect relationships between persons. Applications to: 1. The legal sanction; 2. The state territory and citizenship; 3. The state bodies; 4. The limits of the legislative function -- Some consequences of my conception with regard to the subjective aspect of the law: the legal relationship; the status of persons; rights in rem; the correlation between rights and obligations; the equal position of subjects -- Recapitulatory remarks -- The plurality of legal orders and the doctrine that reduces all law to state law -- The untenability of this doctrine from a historical and theoretical point of view -- Its untenability with respect to the existing law -- Non-state legal orders; international law -- Ecclesiastical law -- The order of entities that are considered unlawful or are ignored by the state -- Entities that are regulated by the state, but also have an order of their own which is not recognized by the state (private disciplinary orders; the internal organisation of workplaces; so-called unrecognized associations or institutions, etc.) -- Doctrines that confine the concept of a legal order to the order of communities in general and specifically to necessary communities -- The relations between different legal orders. Principles that have to be taken into account with respect to : 1. Original or derivative institutions; 2. The particular or general ends of institutions; 3. Their diverse basis; 4. Simple or complex institutions; 5. Perfect or imperfect; 6. With or without personality; 7. Independent, coordinated or subordinated -- The concept of relevance of one order to another -- The title for this relevance: a. The relation of superiority and correlative dependence between two orders; b. The relation whereby an order presupposes another; c. The relation whereby reciprocally independent orders depend a further one; d. The relevance unilaterally attributed by an order to another on which it depends; e. The relation of succession between orders -- Diverse aspects (existence, content, effectiveness) expressing the relevance an order to another one. Cases in which the existence of an order depends on another: a. Complete subordination of the former to the latter which directly establishes the former or assigns limited autonomy to it. Independence, as far as its existence is concerned, of an order in case of a less expansive subordination (some spheres of the order of the states of a federal state vis-à-vis the latter; the order of states vis-à-vis international law) and general principles; b. In the hypothesis of an order that represents the presupposition of another (state law vis-à-vis international law) -- The relevance of an order to another with respect to its content. Various cases: a. The superior order as the mediated or unmediated source of an inferior order; the superior order (international law, ecclesiastical concordats) which is not the source, and yet affects the content of inferior orders; b. the Superior order about effects the content of more orders subjected to, which however are independent from each other; c. the order of that itself that determines its own content by considering a subjected or independent order : private international law; ecclesiastical law as it refers to civil laws; the law of the state that refers to ecclesiastical law; d. an order that incorporates another -- The relevance of an order to one another with respect to its effects: external and internal effectiveness of an order. Various cases of external effectiveness: a. The relationships between orders where the one partially or totally depends on the other; b. Relationships between more orders that are independent from each other because of a unilateral disposition of one or each of them. Private international law; civil effectiveness of ecclesiastical law; c. Relationships meeting more orders in which one is of the presupposition of the other; d. Relationships between orders that succeed each other -- Diverse extension of the relevance of an order to another. Applications with regard to the problem of so-called natural obligations -- The irrelevance of an order to another; total or partial, reciprocal or unilateral -- A legal order that as such is irrelevant to another, but it is relevant in other respects (orders that are considered unlawful by the state; corporations, de facto institutions) -- Total developments of an order to another: possibility of such an irrelevance also with respect to the order of the state -- Critical assessment of the opposite doctrine. The limitations of the state order; various figures and consequences; examples of matters that are legally indifferent to the state (private disciplinary orders; particular religious orders; the orders of some non-patrimonial associations; etc.) -- The internal orders of the institutions, especially state ones, vis-à-vis the order of other institutions in which they are included. (shrink)

Volume 11, Issue 1, March 2020, Page 92-100.

Volume 11, Issue 1, March 2020, Page 101-113.

A poco più di cinque anni dal Colloquio, vengono adesso pubblicati gli Atti. Questi 5 anni hanno segnato un'ulteriore cammino per la ‘questione’ di Santa Maria Antiqua e tra i fatti positivi segnalo subito il restauro della cappella dei Santi Medici, a maggior ragione perché è l'unico ambiente cui non ha rivolto l'attenzione nessuno dei saggi del libro che qui presentiamo. Anche la storiografia ha segnato ulteriori tappe, in primis con il saggio di Beat Brenk, apparso negli Atti spoletini (...) del 2003, con un approfondimento talora sostanziale di quanto esposto in prima battuta in questo volume, ma anche con il saggio di Maria Andaloro sulle icone romane dove offre un secondo caso di quanto la studiosa chiama «l'approfondimento delle individualità materiche e delle specificità esecutive» dei dipinti. (shrink)

Massimiliano Tomba’s Insurgent Universality traces a global history of revolutionary institution-building as ‘theory in action’, pushing radical democracy beyond an ontology of the political. This contribution aims to clarify the place of ‘insurgent institutions’ in Tomba’s work and suggests that an unresolved tension persists between insurgent universality as popular institutions on the one hand, and as a negative dis-ordering on the other. Exploring the promise and limitations of ‘insurgent institutions’ in light of their durability, its first part reads Insurgent Universality (...) alongside Santi Romano, the legal pluralist whose concept of the institution Tomba adopts. Secondly, the article turns to Hannah Arendt’s understanding of authority and Miguel Abensour’s discussion of ‘insurgent institutions’ as two potentially helpful accounts of democratic practice within durational time. Where Tomba remains focused on constellations between moments of rupture, Arendt and Abensour offer a politically generative understanding of durability specific to radical-democratic institutions. (shrink)

First published in 1917 and 1918, with a second edition in 1946, this is the first English translation of Santi Romano's classic work, L'ordinamento giuridico. The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, (...) but of the institution as 'the first, original and essential manifestation of law'. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby 'there are as many legal orders as institutions'. The acme of a jurisprudential current long overlooked in the Anglophone environment, The Legal Order not only proposes what Carl Schmitt described as a 'very significant theory', but, more importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today's world. (shrink)

Che cosa distingue, concettualmente, l’esattore delle tasse che esiga da un uomo, a pena di sanzioni, una determinata somma di denaro, dal bandito che gli intimi, sotto la minaccia di un’arma, di consegnargli la medesima somma? È sul soddisfacimento del requisito della giustizia che si fonda, come sostenne Agostino, l’eterogeneità tra uno Stato e un’accolita di furfanti? «Se non è rispettata la giustizia, che cosa sono gli Stati, se non delle grandi bande di ladri? Perché le bande di briganti che (...) cosa sono, se non dei piccoli Stati?». Il volume ripercorre le risposte più autorevoli fornite nel XX secolo, entro un orizzonte postmetafisico, alla domanda agostiniana: prima dell’avvento del regime nazista, la tesi che un’associazione a delinquere sia indistinguibile da uno Stato è stata sostenuta da Benedetto Croce, Santi Romano e Hans Kelsen; dopo l’esperienza del nazismo e delle sue atrocità, perpetrate in nome dello Stato e della legge, le questioni relative alla natura del diritto e alla relazione tra morale e diritto hanno assunto – come ha osservato Robert Alexy – «l’urgenza di un problema scottante», e la domanda filosofica sulla validità della legge ingiusta è apparsa ineludibile non solo ai maggiori filosofi del diritto (Herbert L.H. Hart, Alf Ross, Ronald Dworkin e lo stesso Alexy), ma alle stesse corti tedesche. (shrink)

The article considers the changes that have affected European border regimes of migration control as a testcase for discussing arbitrariness. The argument highlights the limited capacity of notions of arbitrariness defined as a departure from the rule of law to capture the ongoing conflict at the borders of Europe and brings, instead, to the foreground the ambivalent meaning of arbitrariness. By comparing Santi Romano’s classical theory of legal pluralism with recent analyses of legal globalization processes, arbitrariness emerges either (...) as an authoritative attempt to impose a different order on society or as a means to contrast acts of resistance to border regimes. In both cases, arbitrariness forcefully blurs the limits between the ordered and unordered, indicating the paradoxical impossibility of excluding the law’s outside from the legal order. On these premises, the article advocates the importance of reframing the demand for open borders as a call for freedom of those who challenge the pragmatic order of migration regimes. Indeed, arbitrariness is necessarily limited when the legal order recognizes, to an extent, the agency and the claims of subjectivities that resist the dichotomy between inclusion and exclusion. Keywords: migration, arbitrariness, borders, legal order. (shrink)

The author deals with the legal theoretical approach that has been labelled “legal institutionalism.” An old and a new version of this approach are singled out: The old one is identified with the theory defended by the Italian public lawyer Santi Romano in the first half of this century; the second one is seen in the recent work by Ota Weinberger and Neil MacCormick. After a short presentation of Romano's work, his ideas and the development proposed by (...) MacCormick and Weinberger are compared. Similarities and differences between the two versions of institutional theory are worked out. A coda hints at an ambiguity in the definition of institution proposed by the “new” institutionalism. (shrink)

I fatti! I fatti! Caro signore, i fatti sono come siassumono; e allora, nello spirito, non sono più fatti:ma vita che appare, così o in altro modo.Luigi Pirandello 1 Ontologia del giuridico 1.1 Due ontologie del giuridico: ontologia degli oggetti giuridici (Adolf Reinach) vs. ontologia degli enti giuridici (Santi Romano) 1.1.1 Nella filosofia del diritto del xx secolo sono compresenti due ontologie del giuridico:(i) l’ontologia degli oggetti giuridici di Adolf Reinach (1883-1917),(ii) l’ontol...

Noetherian type and Noetherian π-type are two cardinal functions which were introduced by Peregudov in 1997, capturing some properties studied earlier by the Russian School. Their behavior has been shown to be akin to that of the cellularity, that is the supremum of the sizes of pairwise disjoint non-empty open sets in a topological space. Building on that analogy, we study the Noetherian π-type of κ-Suslin Lines, and we are able to determine it for every κ up to the first (...) singular cardinal. We then prove a consequence of Changʼs Conjecture for ℵω regarding the Noetherian type of countably supported box products which generalizes a result of Lajos Soukup. We finish with a connection between PCF theory and the Noetherian type of certain Pixley–Roy hyperspaces. (shrink)

What is the event? How the phenomenology of event is possible if the "event" is not the phenomenon in the classical meaning of this word? French philosopher Claude Romano discusses these questions with his Russian colleague Ruslan Loshakov. The interlocutors consider the concept of event in different contexts, paying special attention to the relationships which connect the phenomenology of event with Husserl, Bergson, Heidegger and Levinas' ideas.

Le stanze del canto. La musica e l'indicibile ; Il linguaggio degli angeli ; Musica e utopia ; Musica e prassi analitica ; Un sogno musicale -- Variazioni sul tema. Musica, mistero e mondo femminile in E.T.A. Hoffmann ; Thomas Bernhard e l'estetica del narcisismo ; I tragitti di Orfeo -- Coda : Dialogo di Eusebio e Florestano -- Appendice : La principessa nascosta : psicoterapia e fare poetico.

The goal of the present paper is to assess Hans Vaihinger’s understanding of the notion of the given in Die Philosophie des Als Ob. The claim will be advanced that the overall framework of Vaihinger’s theory of knowledge and, more specifically, his understanding of both the given and fictions should be sought for in the manner in which R. Hermann Lotze assesses the problem of knowledge, namely, the relation between thought and being in both his early and late Logik. As (...) we will argue, the way in which Vaihinger recasts the opposition between what is given objectively (data of sensations) and what is added subjectively is to be deemed a direct radicalization of Lotze’s own stance. As the conclusion will further add, what is at stake inVaihinger’s fictionalism is a quite specific understanding of the ideas of reason and transcendental philosophy. (shrink)

Social data mining has become an emerging area of research in information and communication technology fields. The scope of social data mining has expanded significantly in the recent years with the advance of telecommunication technologies and the rapidly increasing accessibility of computing resources and mobile devices. People increasingly engage in and rely on phone communications for both personal and business purposes. Hence, mobile phones become an indispensable part of life for many people. In this article, we perform social data mining (...) on mobile social networking by presenting a simple but efficient method to define social closeness and social grouping, which are then used to identify social sizes and scaling ratio of close to “8”. We conclude that social mobile network is a subset of the face-to-face social network, and both groupings are not necessary the same, hence the scaling ratios are distinct. Mobile social data mining. (shrink)

This study deals with an exploratory research about understanding of art in students of different age, grades and kind of schools attended. In particular, we analysed how beliefs and reflections about art and aesthetical experiences expressed during a cross-age interview, changed in elementary school children involved for two years in a UE Project titled “Philosophy and European Contemporary Art”. The activities are based on guided philosophical discussions, transforming the classroom in a “community of inquiry”, according to the methodology of “Philosophy (...) for Children” program . The elementary school group was tested pre and post the program activities. A qualitative analysis of the students’ answers was carried out, considering the data with respect to the five stages of art understanding defined by Micheal Parsons which correspond to different beliefs about art in the subjects. (shrink)

The present essay offers a first, systematic reconstruction of Husserl’s understanding of Socrates’ philosophical position in the Ideengeschichte with a special focus on the Socratic method. Our goal is twofold. On the one hand, we aim to provide a clear presentation of the way in which Husserl himself conceives of the “beginning” of Western philosophy by tackling the specifically Socratic contribution to it. On the other hand, we will clarify in what sense, and to what extent, the assessment of Husserl’s (...) Socrates helps shed some light upon the properly Husserlian conception of philosophy, notably, his twofold notion of “rationality.”. (shrink)

This paper aims at offering a concise, yet systematic, presentation of the Husserlian method of “self-variation” in connection to eidetic variation sic et simpliciter. After a brief review of the different meanings of this method in Husserl’s writings, I will focus on the way in which Husserl employs it to bring the eidos “ego” to the fore. To this end, I will take into account the specific subject matter of self-variation by resorting to a twofold concept of essence as well (...) as to the formal-ontological notion of τóδε τι. The present investigation will have an almost exclusively methodological character, its purpose being to clarify a specific, yet still quite unexplored, tool of Husserl’s phenomenology. (shrink)

This book presents a systematic discussion of the development of Husserl’s concept of the a priori from his early and through his later writings. The chapters contained herein analyze the different phases and aspects of Husserl’s phenomenology of the a priori in light of his twofold notion of reason, construed as both ontological and transcendental. Starting from the assessment of the introduction of the notion of a priori knowledge in the context of the Logical Investigations, this text uniquely explores its (...) development during the Göttingen years. It is at this time during his work on The Crisis of European Sciences, that Husserl comes to see the a priori as a criterion to interpret the history of philosophy, notably, modern philosophy. This book sheds light upon such concepts as: essence and eidos; ideation, eidetic attitude and eidetic reduction; as well as formal and material, innate and contingent a priori. The author argues that the a priori becomes for Husserl the expression of an ontological form of rationality, i.e., the rationality immanent to being. This book appeals to students and researchers working on Husserl and phenomenology. (shrink)

"Phenomenology was one of the twentieth century's major philosophical movements, and it continues to be a vibrant and widely studied subject today with relevance beyond philosophy in areas such as medicine and cognitive sciences. The Routledge Handbook of Phenomenology and Phenomenological Philosophy is an outstanding guide and reference source to this important and fascinating topic. Comprising seventy-five chapters by a team of international contributors, the Handbook offers unparalleled coverage of the subject, and is divided into five clear parts: Phenomenology and (...) the History of Philosophy Issues and Concepts in phnomenology Major Figures in Phenomenology Intersections Phenomenology in the World. Essential reading for students and researchers in philosophy studying phenomenology, The Routledge Handbook of Phenomenology and Phenomenological Philosophy is also suitable for those in related disciplines such as psychology, religion, literature, sociology and anthropology"--. (shrink)