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Author: Mariano Croce
Publisher: Routledge
ISBN: 1136220666
Category : Law
Languages : en
Pages : 248
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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: Carl Schmitt
Publisher: Cambridge University Press
ISBN: 110849448X
Category : Law
Languages : en
Pages : 273
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Book Description
Makes available in English Carl Schmitt's early legal-theoretical writings, the intellectual background of Schmitt's political and constitutional theory.
Author: David Dyzenhaus
Publisher: Duke University Press
ISBN: 9780822322443
Category : Law
Languages : en
Pages : 340
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Book Description
Articles previously published in the Canadian journal of law and jurisprudence.
Author: Carl Schmitt
Publisher: University of Chicago Press
ISBN: 0226738906
Category : Political Science
Languages : en
Pages : 123
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Book Description
Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.
Author: Michael Salter
Publisher: Routledge
ISBN: 0415478502
Category : Law
Languages : en
Pages : 314
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Book Description
There has been and continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics, but this is the first book to address his thought from an explicitly legal theoretical perspective, as it addresses the actual and potential significance of Schmitt's thought for debates within contemporary Anglo-American legal theory that have emerged during the past three decades.
Author: Hugo Herrera
Publisher: SUNY Press
ISBN: 1438478771
Category : Law
Languages : en
Pages : 212
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Book Description
Carl Schmitt, one of the most influential legal and political thinkers of the twentieth century, is known chiefly for his work on international law, sovereignty, and his doctrine of political exception. This book argues that greater prominence should be given to his early work in legal studies. Schmitt himself repeatedly identified as a jurist, and Hugo E. Herrera demonstrates how for Schmitt, law plays a key role as an intermediary between ideal, conceptual theory and the complexity of practical, concrete situations. Law is concerned precisely with balancing the extremes of theory and reality, and in this respect, Schmitt associates it with philosophical thinking broadly as being able to understand and explain the tensions in human experience. Reviewing and analyzing prevailing interpretations of Schmitt by Jacques Derrida, Heinrich Meier, and others, Herrera argues that the importance of Schmitt's legal framework is both significant and overlooked.
Author: Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 0199916934
Category : Law
Languages : en
Pages : 873
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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: Michael Marder
Publisher: Bloomsbury Publishing USA
ISBN: 0826434088
Category : Political Science
Languages : en
Pages : 203
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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: Benjamin A. Schupmann
Publisher: Oxford University Press
ISBN: 0198791615
Category : History
Languages : en
Pages : 257
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Book Description
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.
Author: William E. Scheuerman
Publisher: Rowman & Littlefield
ISBN: 1786611562
Category : Philosophy
Languages : en
Pages : 358
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Book Description
Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.
