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  1. The Legal Order.Mariano Croce & Marco Goldoni - 2017 - Routledge.
    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 (...)
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  2.  2
    The legal theory of Carl Schmitt.Mariano Croce - 2012 - New York: 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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  3.  40
    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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  4.  24
    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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  5.  6
    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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  6.  2
    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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  7.  14
    Whither the state? On Santi Romano’s The legal order.Mariano Croce - 2018 - Ethics and Global Politics 11 (1):1498699.
  8.  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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  9.  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).
  10.  2
    L’emergenza di un ordine. Carl Schmitt tra normalità e relativa eccezione.Mariano Croce & Andrea Salvatore - 2022 - Studi di Estetica 23.
    Emergency and exception are central concepts in Schmitt’s theory of decisionism. The present article explores the distinction between the two by focusing on their emergence, i.e. the process by which in times of crisis a potentially alternative or-der comes into existence and becomes visible. The primary aim of the comparison is to provide a more detailed and less conventional account of Schmitt’s excep-tionalist decisionism. In order to achieve this aim, three relevant questions must be raised: How does the sovereign succeed (...)
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  11.  9
    How Does an Entity Acquire Identity? Reassembling Relativistic Physics with Actor-Network Theory.Mariano Croce & Emilia Margoni - 2022 - Foundations of Science 27 (3):1055-1071.
    What is it that determines the identity of an entity? Processualism is a theoretical perspective that offers a startling answer to this question. The identity of an entity—whether human or nonhuman, animate or inanimate—depends on the set of relations in which this entity is located. And as the sets of relations are several, so are the identities that an entity can take. This article discusses this conclusion by integrating processual accounts from different fields of inquiry, such as relativistic physics and (...)
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  12. Carl Schmitt's Institutional Theory: The Political Power of Normality.Mariano Croce - 2022 - New York, NY: Cambridge University Press.
    It is somewhat ironic that this book comes out in the centenary of Political Theology, first published in 1922. In the end, one of the main claims we shall make here is that Carl Schmitt's celebrated essay has been unduly overemphasised and that it formulated a theory of law and a conception of normality that he himself dismantled a few years after its publication. A related claim will be that interpretations that identify a connection between Political Theology and successive works (...)
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  13. L'indecisionista: Carl Schmitt oltre l'eccezione.Mariano Croce - 2020 - Macerata: Quodlibet.
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  14. Postcritica: asignificanza, materia, affetti.Mariano Croce - 2019 - Macerata: Quodlibet.
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  15. Queer in the law : critique and post critique.Mariano Croce - 2019 - In Emilios A. Christodoulidis, Ruth Dukes & Marco Goldoni (eds.), Research handbook on critical legal theory. Edward Elgar Publishing.
     
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  16. The trouble with nature.Mariano Croce - 2019 - In Peter Langford, Ian Bryan & John McGarry (eds.), Hans Kelsen and the Natural Law Tradition. Brill.
     
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  17. Undoing ties: political philosophy at the waning of the state.Mariano Croce - 2015 - New York: Bloomsbury Academic.
    Undoing Ties: Political Philosophy at the Waning of the State is a comprehensive overview of the most significant theories and contributions in the field of political philosophy of the last three decades. It is a journey through contemporary political philosophy that puts forward a basic interpretative hypothesis. Mariano Croce and Andrea Salvatore analyse the theories and proposals of many prominent political philosophers and attempt to arrive at the conclusion that today's politics is characterised by a striking reviviscence of groups (whether (...)
     
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  18.  8
    Juridification as politics: An institutional view.Mariano Croce - 2020 - Philosophy and Social Criticism 47 (9):1025-1042.
    Philosophy & Social Criticism, Volume 47, Issue 9, Page 1025-1042, November 2021. 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 (...)
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  19.  11
    Whither the state? On Santi Romano’s The legal order.Mariano Croce - 2018 - Ethics and Global Politics 11 (2):1-11.
  20.  2
    Little room for exceptions: on misunderstanding Carl Schmitt.Andrea Salvatore & Mariano Croce - 2021 - History of European Ideas 47 (7):1169-1183.
    ABSTRACT Carl Schmitt is generally considered as the father of exceptionalism – the theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend everyday normality. This is why his name comes up anytime state governments, whether liberal or not, impose limits on constitutional rights and freedoms to cope with emergencies. This article problematises such a received understanding. It argues that Schmitt held an exceptionalist view for a limited period of time and that even (...)
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  21.  3
    Juridification as politics: An institutional view.Mariano Croce - 2020 - Philosophy and Social Criticism 47 (9):1025-1042.
    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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  22.  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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  23.  7
    Foundational Myths and Actual Challenges: What is Political Exclusion About?Mariano Croce - 2015 - Jurisprudence 6 (3):644-650.
  24.  2
    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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  25. Beyond emergency politics: Carl Schmitt’s substantive constitutionalism.Mariano Croce & Andrea Salvatore - forthcoming - Philosophy and Social Criticism.
    This article problematizes the recent comeback of the exceptionalist jargon as it is conjured by both critics and sympathizers. While in the last decades governments across the globe had recourse to emergency measures to cope with far-reaching emergencies, from terrorism to the COVID-19 pandemic, the received view has it that political power takes advantage of states of emergency as they put themselves in the position to circumvent constitutional limitations. Carl Schmitt is claimed to be the major advocate of this conception (...)
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