the legal theory of carl schmitt

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The Legal Theory Of Carl Schmitt

Author : Mariano Croce
ISBN : 9781136220661
Genre : Law
File Size : 26. 39 MB
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The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.

Comparative History And Legal Theory

Author : Jeffrey Seitzer
ISBN : 031330792X
Genre : History
File Size : 89. 55 MB
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Seitzer seeks to provide a more effective criticism of Schmitt than commentaries that focus on Schmitt's treatment of key works and concepts in legal and political theory. He elaborates a concrete form of normative theory, which uses comparative history to identify and test institutional changes that enhance the overall system's capacity for self-correction.

Carl Schmitt S State And Constitutional Theory

Author : Benjamin Schupmann
ISBN : 9780198791614
Genre : History
File Size : 33. 78 MB
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Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.

The Contemporary Relevance Of Carl Schmitt

Author : Matilda Arvidsson
ISBN : 9781317585572
Genre : Law
File Size : 81. 8 MB
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What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt’s writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt’s relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works – often with reference to both primary and secondary literature unavailable in English – this book will be of enormous interest to legal and political theorists.

Carl Schmitt

Author : William E. Scheuerman
ISBN : 0847694186
Genre : Philosophy
File Size : 74. 47 MB
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This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought (Joseph Schumpeter, Friedrich A. Hayek, and Hans Morgenthau) in the United States after 1945. Visit our website for sample chapters!

Constitutional Theory

Author : Carl Schmitt
ISBN : 9780822340119
Genre : Law
File Size : 81. 87 MB
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This volume makes Schmitt's provocative work on comparative constitutionalism available in English for the first time since it was published in 1928 in Germany.

Carl Schmitt

Author : Michael Salter
ISBN : 9780415478502
Genre : Law
File Size : 32. 84 MB
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There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politicseeand social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitte(tm)s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversieseeeewithin contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms ofeelegal positivism; the relativeeee~indeterminacye(tm) of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale;eethe centrality of discretion and judicial law-making eewithin the legal process;eethe important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan ee'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberaleeconstitutionalism and liberalismeemore generallyeeas an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thoughteeand debates.

Introduction To Critical Legal Theory

Author : Ian Ward
ISBN : 9781136997815
Genre : Law
File Size : 50. 12 MB
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Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Carl Schmitt And The Jews

Author : Raphael Gross
ISBN : UOM:39015064952990
Genre : History
File Size : 53. 45 MB
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German jurist and legal theorist Carl Schmitt (1888–1985) significantly influenced Western political and legal thinking in the last century, yet his life and work have also stirred considerable controversy. While his ideas have been used and diffused by prominent philosophers on both the left and the right, such as Jürgen Habermas and Leo Strauss, his Nazi-era past, especially his active efforts to remove Jewish influence from German law, has cast a cloud over his life and oeuvre. Still, his many supporters have generally been successful in claiming that Schmitt's was an "antisemitism of opportunity," a temporary affectation to gain favor with the Nazis. In Carl Schmitt and the Jews, available in English for the first time, historian Raphael Gross vigorously repudiates this "opportunism thesis." Through a reading of Schmitt's corpus, some of which became available only after his death, Gross highlights the importance of the "Jewish Question" on the breadth of Schmitt's work. According to Gross, Schmitt's antisemitism was at the core of his work—before, during, and after the Nazi era. His influential polarities of "friend and foe," "law and nomos," "behemoth and Leviathan," and "ketechon and Antichrist" emerge from a conceptual template in which "the Jew" is defined as adversary, undermining the Christian order with secularization. The presence of this template at the heart of Schmitt's work, Gross contends, calls for a major reassessment of Schmitt's role within contemporary cultural and legal theory.

Carl Schmitt

Author : Joseph J. Bendersky
ISBN : 9781400853250
Genre : Political Science
File Size : 42. 20 MB
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Basing his work on the writings of Schmitt and his contemporaries, extensive new archival documentation, and parts of Schmitt's personal papers, Professor Bendersky uses Schmitt's public career as a framework for re-evaluating his contributions to political and legal theory. This book establishes that Schmitt's late Weimar writings were directed at preventing rather than encouraging the Nazi acquisition of power. Originally published in 1983. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

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