Modelli di giudice e modelli di ordine. Potere giudiziario, istituzionalismo e marxismo nella lettura di Uberto Scarpelli

This article delves into Uberto Scarpelli’s analysis of different conceptions, or models, of the role of judicial institutions within modern legal systems. By analysing a recently published writing of his, I will pinpoint his peculiar representation of conflictual legal theories, such as Marxism and Institutionalism, in order to show his inclination to view the judiciary as a form of power that moves outside the scope of the political. To conclude, I will show how Scarpelli’s observations, however helpful in stressing the political implication of designing the position of the judge in a specific way, tends to neglect the problematic influence of social conflict in the exertion of jurisdiction.