Institutionalism Old and New* |
| |
| Authors: | MASSIMO LA TORRE |
| |
| Affiliation: | European University Institute Department of Law Via de' Roccettini, 9 1‐50016 Sun Domenico di Fiesole Florence Italy |
| |
| Abstract: | Abstract
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. |
| |
| Keywords: | |
|
|
