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  1. The Legal Theory of Carl Schmitt.Mariano Croce - 2012 - Routledge.
    The bumpy road to institutionalism : Schmitt's way-out of decisionism -- Exploring Schmitt's institutionalism : institutions and normality -- Institutionalist decisionism : law as the shelter of society -- Institution and identity : reassessing Schmitt's political theory -- Schmitt vs. Kelsen : the social ontology of legal life -- Schmitt vs. Hauriou : the politicization of institutionalism -- Schmitt vs. Romano : institutionalism without pluralism? -- Schmitt vs. Mortati : the concretization of the concrete order -- The impossibility of legal (...)
     
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  2.  28
    From Gay Liberation to Marriage Equality: A Political Lesson to Be Learnt.Mariano Croce - 2018 - European Journal of Political Theory 17 (3):280-299.
    This article deals with the issue of resignification to advance a hypothesis on the way in which social practices are transformed with recourse to the language of institutions. It first discusses the transition from gay liberation to same-sex marriage equality by exploring the trajectory of homosexuals’ rights claims. The article continues by providing a theoretical interpretation of what brought this shift about, that is, what the author calls a movement ‘from the street to the court’: in both civil law and (...)
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  3.  19
    Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes.Mariano Croce - 2015 - The European Legacy 20 (2):151-165.
    In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their practical side: (...)
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  4.  5
    Quod Non Est in Actis Non Est in Mundo: Legal Words, Unspeakability and the Same-Sex Marriage Issue.Mariano Croce - 2015 - Law and Critique 26 (1):65-81.
    This article centres on the legal recognition of same-sex marriage with a view to exploring the issue of unspeakability; that is, the condition whereby some questions cannot be articulated because of a lack of words. More specifically, the article will explore what happens to those social practices that are not given legal speakability and thereby legal recognition/protection. To this end, I first focus on how words are produced in the sphere of everyday life and their dependence on the existence of (...)
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  5.  18
    After Exception: Carl Schmitt's Legal Institutionalism and the Repudiation of Exceptionalism.Mariano Croce & Andrea Salvatore - 2016 - Ratio Juris 29 (3):410-426.
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  6.  22
    The Habitus and the Critique of the Present.Mariano Croce - 2015 - Sociological Theory 33 (4):327-346.
    I tackle some major criticisms addressed to Pierre Bourdieu’s notion of habitus by foregrounding its affinities with Ludwig Wittgenstein’s notion of rule-following. To this end, I first clarify the character of the habitus as a theoretical device, and then elucidate what features of Wittgenstein’s analysis Bourdieu found of interest from a methodological viewpoint. To vindicate this reading, I contend that Wittgenstein’s discussion of rule-following was meant to unearth the internal connection between rules and the performative activities whereby rules are brought (...)
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  7.  16
    A Sense of Self-Suspicion: Global Legal Pluralism and the Claim to Legal Authority.Mariano Croce & Marco Goldoni - 2015 - Ethics and Global Politics 8 (1).
  8.  7
    Foundational Myths and Actual Challenges: What is Political Exclusion About?Mariano Croce - 2015 - Jurisprudence 6 (3):644-650.
  9. Homonormative Dynamics and the Subversion of Culture.Mariano Croce - 2015 - European Journal of Social Theory 18 (1):3-20.
    Queer critics talk more and more about a normalization process whereby early lesbian and gay struggles against traditional values and institutions are being replaced by the pursuit of inclusion within mainstream society. The ‘assimilation’ of same-sex practices, critics contend, lowers the critical potential of homosexuals’ claims and marginalizes other less acceptable forms of sexualities. The present article contributes to this literature by tracing the roots and dynamics of normalization. It makes the claim that heteronormative categories infiltrated homosexual culture well before (...)
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  10.  7
    Juridification as Politics: An Institutional View.Mariano Croce - forthcoming - Sage Publications Ltd: Philosophy and Social Criticism.
    Philosophy & Social Criticism, Ahead of Print. In the existing literature on depoliticization, the increasing use of law as a medium to tackle social and political issues is deemed to be detrimental to the legitimacy of political processes. Against this view, I argue that this trend – which some scholars call ‘juridification’ – can be key to giving life to new forms of politics. First, I show why juridification is a political more than a legal process. Second, I illustrate recent (...)
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  11.  2
    Juridification as Politics: An Institutional View.Mariano Croce - forthcoming - Philosophy and Social Criticism.
    In the existing literature on depoliticization, the increasing use of law as a medium to tackle social and political issues is deemed to be detrimental to the legitimacy of political processes. Aga...
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  12.  7
    The Enemy as the Unthinkable: A Concretist Reading of Carl Schmitt’s Conception of the Political.Mariano Croce - 2017 - History of European Ideas 43 (8):1016-1028.
    ABSTRACTThis article offers an unconventional interpretation of Carl Schmitt’s conception of the political. It first identifies two alternative readings – an ‘exceptionalist’ and a ‘concretist’ one – to make the claim that in the late 1920s he laid the foundations for a theory of politics that overcame the flaws of his theory of exception. It then explains why the concretist reading provides an insightful key to Schmitt’s take on the relationship between politics and law as a whole. Despite this, the (...)
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  13.  13
    Whither the State? On Santi Romano’s The Legal Order.Mariano Croce - 2018 - Ethics and Global Politics 11 (1):1498699.
  14.  10
    Whither the State? On Santi Romano’s The Legal Order.Mariano Croce - 2018 - Ethics and Global Politics 11 (2):1-11.
  15. Normality as Social Semantics. Schmitt, Bourdieu and the Politics of the Normal.Andrea Salvatore & Mariano Croce - 2017 - European Journal of Social Theory 20 (2):275-291.
    This article takes issue with the practical and the cognitive roles of normality within political life and its relevance to the constitution of the groups that comprise a political community. From a practical viewpoint, normality fosters standards of correctness; from a cognitive viewpoint, these standards are what allows individuals to perceive themselves, and to be recognized, as group members. To achieve this aim, the article delves into Carl Schmitt’s and Pierre Bourdieu’s accounts of how politics is a field where semantic (...)
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