Abstract
Vittorio Emanuele Orlando (1860-1952) is generally considered the father of public law studies in Italy, as well as a leading political figure in Italian history.
This is a collection of pages from some of his last essays (1947-1950), woven together in a unitary argument on the growing influence of fact on law.
Orlando observes the demise of the nineteenth-century State, the rise of the Italian Republic, and a new international order. From this viewpoint, he highlights a deep change in the form of the State itself, borne of the unresolved and growing concerns for human rights and the preservation of peace. He adopts a non-originalist historicism, and an institutional, non-realist, approach to the relevance of societal facts in law. This is in stark contrast with the recurrent criticism of Orlando as a mere formalist and a dogmatist and bears an enduring relevance to the current debate on the methodology of constitutional legal science.
Translated title of the contribution | [Autom. eng. transl.] Pages from the latest Orlando. Historicism and Institutionalism on the Threshold of the Second Twentieth Century |
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Original language | Italian |
Pages (from-to) | 389-415 |
Number of pages | 27 |
Journal | LO STATO |
Publication status | Published - 2024 |
Keywords
- Vittorio Emanuele Orlando
- Storicismo
- Istituzionsimo