Law, Necessity, and the Crisis of the State

Before Santi Romano wrote his masterpiece The Legal Order in 1917-18, he lay the foundations for his ground-breaking theory of law in these two essays, which are still central to scholarly debates about his legacy. The main focus of 'On the Decree Laws' is the concept of necessity as a source of law. Such a controversial view anticipated the much more renowned conception of the state of exception advanced later by Carl Schmitt in hisPolitical Theology and has provided a reference point for Giorgio Agamben. The second essay, 'The Modern State and its Crisis', is concerned with the emergence of social forces that the early 20th-century administrative state was struggling to tame. Pursuing an insight that he would develop in The Legal Order, Romano argued that a solution could be found in a public law theory that was able to reconcile the need for a shared constitutional frame with the internal orderings of nonstate movements.
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