The Legal Theory of Carl Schmitt

The Legal Theory of Carl Schmitt
Title The Legal Theory of Carl Schmitt PDF eBook
Author Mariano Croce
Publisher Routledge
Pages 248
Release 2013-10-11
Genre Law
ISBN 1136220666

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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.

Carl Schmitt's Early Legal-Theoretical Writings

Carl Schmitt's Early Legal-Theoretical Writings
Title Carl Schmitt's Early Legal-Theoretical Writings PDF eBook
Author Carl Schmitt
Publisher Cambridge University Press
Pages 273
Release 2021-05-06
Genre Law
ISBN 110849448X

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Makes available in English Carl Schmitt's early legal-theoretical writings, the intellectual background of Schmitt's political and constitutional theory.

Law as Politics

Law as Politics
Title Law as Politics PDF eBook
Author David Dyzenhaus
Publisher Duke University Press
Pages 340
Release 1998
Genre Law
ISBN 9780822322443

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Articles previously published in the Canadian journal of law and jurisprudence.

Political Theology

Political Theology
Title Political Theology PDF eBook
Author Carl Schmitt
Publisher University of Chicago Press
Pages 123
Release 2010-05-14
Genre Political Science
ISBN 0226738906

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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.

Carl Schmitt

Carl Schmitt
Title Carl Schmitt PDF eBook
Author Michael Salter
Publisher Routledge
Pages 314
Release 2012
Genre Law
ISBN 0415478502

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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.

Carl Schmitt Between Technological Rationality and Theology

Carl Schmitt Between Technological Rationality and Theology
Title Carl Schmitt Between Technological Rationality and Theology PDF eBook
Author Hugo Herrera
Publisher SUNY Press
Pages 212
Release 2020-06-01
Genre Law
ISBN 1438478771

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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.

The Oxford Handbook of Carl Schmitt

The Oxford Handbook of Carl Schmitt
Title The Oxford Handbook of Carl Schmitt PDF eBook
Author Jens Meierhenrich
Publisher Oxford University Press
Pages 873
Release 2016
Genre Law
ISBN 0199916934

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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.