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)

This article endeavors to describe and explain the constitution of modernity, its different trajectories, and its ongoing crisis using the Weberian concept of ‘legitimate order’, and by considering the changing relations between orders. One possible basis for the interpretation of the changing constitution of modernity – which involves, most significantly, a move beyond the great public/private dichotomy – is drawn from economic theory, or rather theories, of goods. The ability of certain orders to produce certain types of goods and to (...) allocate them defines different types of society; in different societies, the same good will differ in nature and occupy a place within different property regimes. Changing relations can also be analyzed on the basis of the capacity of an order to impose upon others its negative externalities, and to manage effectively the production and allocation of its characteristic goods at different territorial scales. (shrink)

Book reviewed:Mario G. Losano, Sistema e struttura nel diritto.