Mariano Croce
Biographic Data
| ID | 3589448 |
|---|---|
| NAME | Mariano Croce |
| GIVEN NAMES | Mariano |
| FAMILY NAME | Croce |
| SIGNATURE | CROCE M |
| AFFILIATIONS | Sapienza University of Rome |
| ORCID | 0000-0002-6520-1298 |
| VERIFIED | Yes |
| TOTAL WORKS | 35 |
| TOTAL CITATIONS | 58 |
| AUTHOR COUNT | 35 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Procedural containment vs. substantive entrenchment: Two early models of militant democracy
regarded as the originator of the militant democracy paradigm. In a series of articles in the mid and late 1930s, he argued that constitutional democracies should pre-emptively defend themselves against movements and parties that were seeking to undermine them. More recently, another father of the paradigm has been identified in the controversial figure of Carl Schmitt. Before his despicable and opportunistic support for the Nazi regime at the en…
Constitutionalism as a Mindset: The Unstated Premises of Karl Loewenstein’s Militant Democracy
Today’s critics of Karl Loewenstein’s notion of militant democracy argue that it veered dangerously between a genuine theory of democratic defence and an inadvertent apology for authoritarianism. For Loewenstein advocated the unabashed use of illiberal measures to contain the internal enemies of democratic states. This article contends that this critique misses the mark. His claim was bolder and even more controversial. For he believed that the o…
The Superlegality of Liberal Democracy: A Genealogy of Contemporary Juridification
Juridification is becoming a leading theme in political theory as well as in public discourse because of the growing importance of courts in the political life of contemporary societies. This article espouses the hypothesis that juridification first emerged in the Weimar Republic, the true laboratory of contemporary constitutional democracies. However, it also complicates this hypothesis by arguing that Weimar produced two distinct types of jurid…
Democracy: Constrained or militant? Carl Schmitt and Karl Loewenstein on what it means to defend the constitution
In the recent literature on militant democracy, two claims are made on the relation between its most famous advocate, Karl Loewenstein, and German jurist Carl Schmitt. The first claim is that, although the latter came to support the Nazi regime, in the late 1920s he provided an early model of militant democracy that looks more robust and elaborated than Loewenstein’s. Schmitt’s constrained democracy is believed to cut deeper into that which milit…
Person, Property, Relationships: A Cont(r)actual View
This article challenges the long-standing boundary that separates human beings from non-human entities, whether animate or inanimate. In doing so, it engages with the jurisprudential strands that debate the transformative power of law in moving towards a fuller recognition of human relations with non-human entities. To this end, the article first examines the legal theoretical strategies that scholars have so far developed to overcome the dichoto…
Beyond emergency politics: Carl Schmitt’s substantive constitutionalism
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…
Are Citizens in Court Impairing Representative Politics? On the Politics of Judicial Rights Protection
The last four decades have witnessed the rise of a human rights-based, judicial-oriented politics that can be christened ‘politics of judicial rights protection’. Legal institutions, rather than the legislature, are called upon to grant effectiveness and visibility to citizens’ rights claims. As such, politics of judicial rights protection is alleged to be detrimental to representative politics. This article makes two claims, one diagnostic and t…
The Cambridge Handbook on the Material Constitution
Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practica…
The plight of the exception: Why Carl Schmitt bid farewell to Hobbes
This article offers an in-depth analysis of Carl Schmitt's social ontology to explain how and why he came to reject exceptionalist decisionism. To this end, the authors unearth the considerable shifts in terms of social ontology that paved the way for this conceptual turn. The gist of their argument is that Schmitt's Political Theology (1922) espoused a Hobbesian conception of the political as the possibility condition for stable patters of socia…
Carl Schmitt's Institutional Theory: The Political Power of Normality
In 1922, Carl Schmitt penned Political Theology, the celebrated essay in which he elaborated on the notorious theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend the legal order. Ever since, Schmitt's thinking has largely been identified with this concept, despite him renouncing it over time. Offering a comprehensive analysis of Schmitt's writings, Carl Schmitt's Institutional Theory provides an …
Little room for exceptions: On misunderstanding Carl Schmitt
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 exce…
Juridification as politics: An institutional view
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 process. Second, I illustrate recent critiques of…
The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati
The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati
Book Abstract: How should the state face the challenge of radical pluralism? How could constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Roman…
Cont(r)actualisation: A Politics of Transformative Legal Recognition of Adult Unions
This article champions a new legal recognition model that emphasises the transformative potential of people’s use of family law. After discussing the flaws of prevailing recognition models, it insists on family formations being unique assemblages that cannot be captured by generalised technical categories. It makes the claim that, rather than one-size-fits-all model for relationship recognition that relies upon dyadic, sexual and domestic relatio…
Whither the state? On Santi Romano’s The legal order
This essay foregrounds the relevance of Italian jurist Santi Romano’s theorizing to today’s political and legal debates on the relation between state and non-state laws. As Romano’s classic book L’ordinamento giuridico (1917–1918) has finally been translated into English, the Anglophone readership can take stock of one of the most enlightening contributions to institutional thinking in the last centuries. Romano put forward a theory of legal inst…
From gay liberation to marriage equality: A political lesson to be learnt
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…
Family (Law) Assemblages: New Modes of Being (Legal)
This article advances a new model for family law to address emerging non‐conventional family formations, particularly between parents and children. We contend that the conventional model of kinship categories as static, predefined statuses should be replaced with a model whereby the state accommodates kinship categories the law users themselves produce within their fluid and nomadic family assemblages and that they actively revise when negotiatin…
The enemy as the unthinkable: A concretist reading of Carl Schmitt’s conception of the political
This 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…
Normality as social semantics. Schmitt, Bourdieu and the politics of the normal
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 …
Why Does the Law Want Us to Be Normal? Schmitt's Institutionalism and the Critique of the Liberal Legal Order
This article aims to explore the relation between the legal order of the liberal state and its tendency to protect the boundaries of normality, that is, roughly speaking, a consistent set of widespread practices and normative standards within a political community. If the idea that some sort of normality unavoidably represents the innermost substance of liberal constitutions is hardy new, we will rather be concerned with law’s effort to conceal h…
A sense of self-suspicion: Global legal pluralism and the claim to legal authority
Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to o…
The Symbolic Power of Legal Kinship Terminology: An Analysis of ‘Co-motherhood’ and ‘Duo-motherhood’ in Belgium and the Netherlands
This article provides a theoretically grounded critical analysis of how the Belgian and the Dutch legal systems are addressing new kinship formations through the production of new legal terminology. As Belgium and the Netherlands are at the forefront of legal recognition of minority sexualities and emerging forms of relatedness, statutory Belgian 'co-motherhood' and Dutch 'duo-motherhood' for 'lesbian parents' (both enacted in 2014) cast some lig…
Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes
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 …
Homonormative dynamics and the subversion of culture
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 tr…
Homonormative dynamics and the subversion of culture
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 tr…
The Symbolic Power of Legal Kinship Terminology: An Analysis of ‘Co-motherhood’ and ‘Duo-motherhood’ in Belgium and the Netherlands
This article provides a theoretically grounded critical analysis of how the Belgian and the Dutch legal systems are addressing new kinship formations through the production of new legal terminology. As Belgium and the Netherlands are at the forefront of legal recognition of minority sexualities and emerging forms of relatedness, statutory Belgian 'co-motherhood' and Dutch 'duo-motherhood' for 'lesbian parents' (both enacted in 2014) cast some lig…
The Habitus and the Critique of the Present: A Wittgensteinian Reading of Bourdieu’s Social Theory
I tackle some major criticisms addressed to Pierre Bourdieu's notion of habitus by foregrounding its affinities with Ludwig Wittgenstein's notion of rule-following. To this end, I first clarify the character of the habitus as a theoretical device, and then elucidate what features of Wittgenstein's analysis Bourdieu found of interest from a methodological viewpoint. To vindicate this reading, I contend that Wittgenstein's discussion of rule-follow…
From gay liberation to marriage equality: A political lesson to be learnt
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…
Democracy: Constrained or militant? Carl Schmitt and Karl Loewenstein on what it means to defend the constitution
In the recent literature on militant democracy, two claims are made on the relation between its most famous advocate, Karl Loewenstein, and German jurist Carl Schmitt. The first claim is that, although the latter came to support the Nazi regime, in the late 1920s he provided an early model of militant democracy that looks more robust and elaborated than Loewenstein’s. Schmitt’s constrained democracy is believed to cut deeper into that which milit…
Cont(r)actualisation: A Politics of Transformative Legal Recognition of Adult Unions
This article champions a new legal recognition model that emphasises the transformative potential of people’s use of family law. After discussing the flaws of prevailing recognition models, it insists on family formations being unique assemblages that cannot be captured by generalised technical categories. It makes the claim that, rather than one-size-fits-all model for relationship recognition that relies upon dyadic, sexual and domestic relatio…
The enemy as the unthinkable: A concretist reading of Carl Schmitt’s conception of the political
This 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…
Desiring What the Law Desires: A Semiotic View on the Normalization of Homosexual Sexuality
Critics of the same-sex rights discourse claim that recent struggles for sexual equality is fostering a process of normalization that exerts both heteronormative and homonormative effects. This article follows this clue and seeks to identify some of the factors and the channels of the “transformation of desire” which is currently affecting the homosexual imagery. By looking at some key judgments both in the U.S. and Europe, it explores how lesbia…
Juridification as politics: An institutional view
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 process. Second, I illustrate recent critiques of…
Family (Law) Assemblages: New Modes of Being (Legal)
This article advances a new model for family law to address emerging non‐conventional family formations, particularly between parents and children. We contend that the conventional model of kinship categories as static, predefined statuses should be replaced with a model whereby the state accommodates kinship categories the law users themselves produce within their fluid and nomadic family assemblages and that they actively revise when negotiatin…
Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes
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 …
Quod Non Est in Actis Non Est in Mundo: Legal Words, Unspeakability and the Same-Sex Marriage Issue
Procedural containment vs. substantive entrenchment: Two early models of militant democracy
regarded as the originator of the militant democracy paradigm. In a series of articles in the mid and late 1930s, he argued that constitutional democracies should pre-emptively defend themselves against movements and parties that were seeking to undermine them. More recently, another father of the paradigm has been identified in the controversial figure of Carl Schmitt. Before his despicable and opportunistic support for the Nazi regime at the en…
Beyond emergency politics: Carl Schmitt’s substantive constitutionalism
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…
Little room for exceptions: On misunderstanding Carl Schmitt
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 exce…
Governing Through Normality: Law and the Force of Sameness
Ethical Substance and the Coexistence of Normative Orders: Carl Schmitt, Santi Romano, and Critical Institutionalism
This article argues for an interactional conception of law, within an institutionalist legal perspective. Through a comparison between Carl Schmitt’s and Santi Romano’s concepts of law, we underscore (in (Section 1) the relevance and the role of an ethical residue in the understanding of the relationships between the legal order and society. Although both Schmitt and Romano are to be considered as institutionalist thinkers, in that their concepts…
Civil Society Theory: Smith
Community, Types of
Does legal institutionalism rule out legal pluralism? Schmitt’s institutional theory and the problem of the concrete order
The present paper explores the background of the institutional perspective of law that Carl Schmitt develops in On The Three Types of Juristic Thought (1934), and draws a comparison between this view and the institutional theory of Santi Romano (explicitly recalled by Schmitt). In doing so, I will shed some light on the complex relation between law and pluralism. While Schmitt portrays the law as a political means for preserving identity and excl…
All Law is Plural. Legal Pluralism and the Distinctiveness of Law
The present article pursues two basic aims. Firstly, it canvasses the idea that there is no normative difference between state law and other kinds of law, such as customary law or religious law, and that eventually there is not a clear dividing line between the various normative fields of social reality (from interactions of everyday life to legal activities). The author explores this ‘panlegalistic’ paradigm by integrating the analysis made by G…
The Legal Theory of Carl Schmitt
The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s…
Desiring What the Law Desires: A Semiotic View on the Normalization of Homosexual Sexuality
Critics of the same-sex rights discourse claim that recent struggles for sexual equality is fostering a process of normalization that exerts both heteronormative and homonormative effects. This article follows this clue and seeks to identify some of the factors and the channels of the “transformation of desire” which is currently affecting the homosexual imagery. By looking at some key judgments both in the U.S. and Europe, it explores how lesbia…
Quod Non Est in Actis Non Est in Mundo: Legal Words, Unspeakability and the Same-Sex Marriage Issue
Governing Through Normality: Law and the Force of Sameness
A sense of self-suspicion: Global legal pluralism and the claim to legal authority
Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to o…
The Symbolic Power of Legal Kinship Terminology: An Analysis of ‘Co-motherhood’ and ‘Duo-motherhood’ in Belgium and the Netherlands
This article provides a theoretically grounded critical analysis of how the Belgian and the Dutch legal systems are addressing new kinship formations through the production of new legal terminology. As Belgium and the Netherlands are at the forefront of legal recognition of minority sexualities and emerging forms of relatedness, statutory Belgian 'co-motherhood' and Dutch 'duo-motherhood' for 'lesbian parents' (both enacted in 2014) cast some lig…
Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes
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 …
Homonormative dynamics and the subversion of culture
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 tr…
The Habitus and the Critique of the Present: A Wittgensteinian Reading of Bourdieu’s Social Theory
I tackle some major criticisms addressed to Pierre Bourdieu's notion of habitus by foregrounding its affinities with Ludwig Wittgenstein's notion of rule-following. To this end, I first clarify the character of the habitus as a theoretical device, and then elucidate what features of Wittgenstein's analysis Bourdieu found of interest from a methodological viewpoint. To vindicate this reading, I contend that Wittgenstein's discussion of rule-follow…
Why Does the Law Want Us to Be Normal? Schmitt's Institutionalism and the Critique of the Liberal Legal Order
This article aims to explore the relation between the legal order of the liberal state and its tendency to protect the boundaries of normality, that is, roughly speaking, a consistent set of widespread practices and normative standards within a political community. If the idea that some sort of normality unavoidably represents the innermost substance of liberal constitutions is hardy new, we will rather be concerned with law’s effort to conceal h…
Family (Law) Assemblages: New Modes of Being (Legal)
This article advances a new model for family law to address emerging non‐conventional family formations, particularly between parents and children. We contend that the conventional model of kinship categories as static, predefined statuses should be replaced with a model whereby the state accommodates kinship categories the law users themselves produce within their fluid and nomadic family assemblages and that they actively revise when negotiatin…
The enemy as the unthinkable: A concretist reading of Carl Schmitt’s conception of the political
This 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…
Normality as social semantics. Schmitt, Bourdieu and the politics of the normal
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 …
Whither the state? On Santi Romano’s The legal order
This essay foregrounds the relevance of Italian jurist Santi Romano’s theorizing to today’s political and legal debates on the relation between state and non-state laws. As Romano’s classic book L’ordinamento giuridico (1917–1918) has finally been translated into English, the Anglophone readership can take stock of one of the most enlightening contributions to institutional thinking in the last centuries. Romano put forward a theory of legal inst…
From gay liberation to marriage equality: A political lesson to be learnt
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…
The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati
The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati
Book Abstract: How should the state face the challenge of radical pluralism? How could constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Roman…
Cont(r)actualisation: A Politics of Transformative Legal Recognition of Adult Unions
This article champions a new legal recognition model that emphasises the transformative potential of people’s use of family law. After discussing the flaws of prevailing recognition models, it insists on family formations being unique assemblages that cannot be captured by generalised technical categories. It makes the claim that, rather than one-size-fits-all model for relationship recognition that relies upon dyadic, sexual and domestic relatio…
Little room for exceptions: On misunderstanding Carl Schmitt
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 exce…
Juridification as politics: An institutional view
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 process. Second, I illustrate recent critiques of…
Political science (30 works) · Sociology (29 works) · Law (28 works) · Law (23 works) · Philosophy (21 works) · Politics (20 works) · Epistemology (19 works) · Law and economics (16 works) · Philosophy (15 works) · Political Theology and Sovereignty (11 works)