«Diritto che tenta di esistere». Rivoluzione, sapere giuridico, istituzione in Santi Romano e Giuseppe Capograssi

This paper aims to analyse the concept of revolution from a legal-philosophical perspective, trying to approach the revolutionary phenomenon through the categories of 20th-century Italian Institutionalism. Moving from the works of Santi Romano and Giuseppe Capograssi, I will first seek to determine the scope of “legal science” and its interrelations with the idea of “institution” and “law”, in order to discuss the compatibility between those concepts and revolutionary practice. As it will be shown, such practice might be viewed as an instance of the organisational-institutional process and legal experience, in no way different form the process by which state-order is constructed. To conclude, I will argue that such a juridical approach to revolution may bring about a diverse and dynamic representation of the law itself.