The late essays of Vittorio Emanuele Orlando. Historicism and institutionalism at the threshold of the late twentieth century
DOI:
https://doi.org/10.17811/hc.v0i26.1180Keywords:
form of the State, legal historicism, institutionalism, constitutional theory, methodology of constitutional lawAbstract
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. After some preliminary remarks on his background and theoretical profile, this article presents a collection of pages from 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 the emergence of a new international order. From this viewpoint, he highlights a profound transformation in the form of the State itself, driven by 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 perspective stands in stark contrast with the recurrent criticism of Orlando as a mere formalist and dogmatist, and bears an enduring relevance to the current debate on the methodology of constitutional legal science.
Enviado el (Submission Date): 03/04/2025
Aceptado el (Acceptance Date): 04/05/2025
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Copyright (c) 2025 Michele Massa
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