The Legal Theory of Carl Schmitt PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Legal Theory of Carl Schmitt PDF full book. Access full book title The Legal Theory of Carl Schmitt by Mariano Croce. Download full books in PDF and EPUB format.
Author: Mariano Croce
Publisher: Routledge
ISBN: 1136220666
Category : Law
Languages : en
Pages : 248
Get Book Here
Book Description
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.
Author: Mariano Croce
Publisher: Routledge
ISBN: 1136220666
Category : Law
Languages : en
Pages : 248
Get Book Here
Book Description
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.
Author: Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 0199916934
Category : Law
Languages : en
Pages : 873
Get Book Here
Book Description
The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.
Author: Mariano Croce
Publisher: Cambridge University Press
ISBN: 1009059602
Category : Law
Languages : en
Pages : 167
Get Book Here
Book Description
In 1922, Carl Schmitt penned Political Theology, the celebrated essay in which he elaborated on the notorious theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend the legal order. Ever since, Schmitt's thinking has largely been identified with this concept, despite him renouncing it over time. Offering a comprehensive analysis of Schmitt's writings, Carl Schmitt's Institutional Theory provides an ambitious, novel perspective on Carl Schmitt and his legal and political thinking. By delving into Schmitt's output over his decades-long career, Mariano Croce and Andrea Salvatore explore Schmitt's varied and developing thoughts on exceptionalism, societal pluralism and the law as the progenitor and enforcer of normality. Challenging dominant interpretations, Croce and Salvatore dethrone the false centrality of certain key texts, and instead provide a more unified, coherent account of his institutional theory from across his long and controversial career.
Author: Carl Schmitt
Publisher: Praeger
ISBN: 9780313318917
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
The only English-language translation of one of Schmitt's most controversial works.
Author: Carl Schmitt
Publisher: MIT Press
ISBN: 9780262691260
Category : Philosophy
Languages : en
Pages : 190
Get Book Here
Book Description
The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. Described both as "the Hobbes of our age" and as "the philosophical godfather of Nazism," Carl Schmitt was a brilliant and controversial political theorist whose doctrine of political leadership and critique of liberal democratic ideals distinguish him as one of the most original contributors to modern political theory. The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. First published in 1923, it has often been viewed as an attempt to destroy parliamentarism; in fact, it was Schmitt's attempt to defend the Weimar constitution. The introduction to this new translation places the book in proper historical context and provides a useful guide to several aspects of Weimar political culture. The Crisis of Parliamentary Democracy is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy.
Author: Michael Marder
Publisher: Bloomsbury Publishing USA
ISBN: 0826434088
Category : Political Science
Languages : en
Pages : 203
Get Book Here
Book Description
Groundless Existence discusses the implicit phenomenological and existential foundations of Schmitt's political philosophy. The book's unique contribution lies in its claim that Schmitt decisively breaks with the metaphysical tradition and predicates the political on the 'groundless' categories of existence, including risk, decision, and agonism. This argument is substantiated by both tacit and explicit existentialist and phenomenological underpinnings of Schmitt's work, discussed here for the first time in book form.The book provides an insight into the implications of Schmitt's thought reconceptualized in the light of contemporary political developments. An essential text for anyone interested in the political theory of Carl Schmitt, it offers a new reading of Schmitt's work against the double background of phenomenology and existentialism.
Author: Santi Romano
Publisher: Routledge
ISBN: 1351674382
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Author: Peter Uwe Hohendahl
Publisher: Cornell University Press
ISBN: 1501730673
Category : History
Languages : en
Pages : 139
Get Book Here
Book Description
Since his death, the writings of Carl Schmitt (1888–1985) have been debated, cited, and adopted by political and legal thinkers on both the left and right with increasing frequency, though not without controversy given Schmitt's unwavering support for National Socialism before and during World War II. In Perilous Futures, Peter Uwe Hohendahl calls for critical scrutiny of Schmitt's later writings, the work in which Schmitt wrestles with concerns that retain present-day relevance: globalization, asymmetrical warfare, and the shifting international order. Hohendahl argues that Schmitt's work seems to offer solutions to these present-day issues, although the ambiguity of his beliefs means that Schmitt's later work is a problematic guide. Focusing on works Schmitt published after the war—including The Nomos of the Earth, Theory of the Partisan and Political Theology II—as well as his posthumously published diaries, Hohendahl reads these works critically against the backdrop of their biographical and historical contexts, he charts the shift in Schmitt's perspective from a German nationalist focus to a European and then international agenda, while attending to both the conceptual and theoretical continuities with his prewar work and addressing the tension between the specific circumstances in which Schmitt was writing and the later international appropriation. Crossing disciplines of history, political theory, international relations, German studies, and political philosophy, Hohendahl brings Schmitt's later writings into contemporary discourse and forces us to reexamine what we believe about Carl Schmitt.
Author: David Dyzenhaus
Publisher: Duke University Press
ISBN: 9780822322443
Category : Law
Languages : en
Pages : 340
Get Book Here
Book Description
Articles previously published in the Canadian journal of law and jurisprudence.
Author: Mariano Croce
Publisher: Stanford University Press
ISBN: 1503613127
Category : Law
Languages : en
Pages : 315
Get Book Here
Book Description
How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.
