Nota editoriale. “Ricucire” prassi e teoria del diritto: spunti di riflessione a partire da Santi Romano

In the period between the wars, legal philosophy elaborated a system of concepts in which the
normative order could find its logical rendition. The legal system (and the corresponding system of
concepts) was understood as complete and capable of providing the solution of any problem. Law, a
unified order, was self-sufficient and capable of performing a limitless regulative function. Moreover,
law was perceived as basically grounded on the will of the State.
Though law was seen as deriving from the State and subordinate thereto, there were other sources
of law. The innovative work of Santi Romano, according to the maxim “ubi societas ibi jus”, sought
to relate such a perspective to every social or ‘institutional’ phenomenon. Romano freed law from
the restricted and restricting ties which it had with the State, widening its definition and impact, and
giving rise to pluralistic and institutionalistic legal theories.