Romano and the Meaning of Institution
by Giulio Goria
pp. 218-235 Issue 13 (7,1) – January-June 2020 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: Giulio Goria
Abstract
This paper objective is to discuss Romano’s concept of institution and the identity proposed with the idea of legal order. Firstly, I will examine the definition of institution, the critique that Romano (1857-1947) addresses to the conception that establishes the primacy of the normative field. Then, I will try to identify the logical structure that, in The Legal Order, concerns the arrangement of the order as unity. This article therefore has two main purposes: the first one is to trace a profile of Romano’s institutional thought by taking advantage of some Hegelian principles that seem to be coherent with the definition of legal order suggested by Romano. The second aim is to show that Ro- mano achieves his point about identity between legal order and institution by means of a logic of self-foundation. In this sense, it is possible to point out a stable tension in the theoretical framework of The Legal Order between the pluralism of institutional process and the plurality of several institutions.