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Carl Schmitt's Early Legal-Theoretical Writings

Carl Schmitt's Early Legal-Theoretical Writings PDF Author: Lars Vinx
Publisher: Cambridge University Press
ISBN: 110849448X
Category : Law
Languages : en
Pages : 250

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

Carl Schmitt's Early Legal-Theoretical Writings

Carl Schmitt's Early Legal-Theoretical Writings PDF Author: Lars Vinx
Publisher: Cambridge University Press
ISBN: 110849448X
Category : Law
Languages : en
Pages : 250

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

Carl Schmitt's Early Legal-Theoretical Writings

Carl Schmitt's Early Legal-Theoretical Writings PDF Author:
Publisher: Cambridge University Press
ISBN: 1108786162
Category : Law
Languages : en
Pages :

Book Description
Many of Carl Schmitt's major works have by now been translated, with two notable exceptions: Schmitt's two early monographs Statute and Judgment (first published in 1912) and The Value of the State and the Significance of the Individual (first published in 1914). In these two works Schmitt presents a theory of adjudication as well as an account of the state's role in the realization of the rule of law, which together form the theoretical basis on which Schmitt later developed his political and constitutional theory. This new book makes these two key texts available in English translation for the first time, together with an introduction that relates the texts to their historical context, to Schmitt's other works, and to contemporary discussions in legal and constitutional theory.

Comparative History and Legal Theory

Comparative History and Legal Theory PDF Author: Jeffrey Seitzer
Publisher: Greenwood Publishing Group
ISBN: 9780313307928
Category : History
Languages : en
Pages : 165

Book Description
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.

Constitutional Theory

Constitutional Theory PDF Author: Carl Schmitt
Publisher: Duke University Press
ISBN: 9780822390589
Category : Law
Languages : en
Pages : 488

Book Description
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

Carl Schmitt's Institutional Theory

Carl Schmitt's Institutional Theory PDF Author: Mariano Croce
Publisher: Cambridge University Press
ISBN: 1316511383
Category : Law
Languages : en
Pages : 170

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.

The Development of Carl Schmitt's Early Legal Theory

The Development of Carl Schmitt's Early Legal Theory PDF Author: Michael Hauswirth
Publisher:
ISBN:
Category : Political science
Languages : en
Pages : 150

Book Description


The Political Discourse of Carl Schmitt

The Political Discourse of Carl Schmitt PDF Author: Montserrat Herrero
Publisher: Rowman & Littlefield
ISBN: 178348456X
Category : Philosophy
Languages : en
Pages : 290

Book Description
This book presents the idea of Nomos of the Earth as the key idea that organizes the whole of Schmitt’s discourse about politics.

Carl Schmitt's State and Constitutional Theory

Carl Schmitt's State and Constitutional Theory PDF Author: Benjamin Schupmann
Publisher: Oxford University Press
ISBN: 0198791615
Category : History
Languages : en
Pages : 232

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.

Writings on War

Writings on War PDF Author: Carl Schmitt
Publisher: John Wiley & Sons
ISBN: 0745697186
Category : Political Science
Languages : en
Pages : 304

Book Description
Writings on War collects three of Carl Schmitt's most important and controversial texts, here appearing in English for the first time: The Turn to the Discriminating Concept of War, The Großraum Order of International Law, and The International Crime of the War of Aggression and the Principle "Nullum crimen, nulla poena sine lege". Written between 1937 and 1945, these works articulate Schmitt's concerns throughout this period of war and crisis, addressing the major failings of the League of Nations, and presenting Schmitt's own conceptual history of these years of disaster for international jurisprudence. For Schmitt, the jurisprudence of Versailles and Nuremberg both fail to provide for a stable international system, insofar as they attempt to impose universal standards of ‘humanity' on a heterogeneous world, and treat efforts to revise the status quo as ‘criminal' acts of war. In place of these flawed systems, Schmitt argues for a new planetary order in which neither collective security organizations nor 19th century empires, but Schmittian ‘Reichs' will be the leading subject of international law. Writings on War will be essential reading for those seeking to understand the work of Carl Schmitt, the history of international law and the international system, and interwar European history. Not only do these writings offer an erudite point of entry into the dynamic and charged world of interwar European jurisprudence; they also speak with prescience to a 21st century world struggling with similar issues of global governance and international law.

Carl Schmitt

Carl Schmitt PDF Author: Michael Salter
Publisher: Routledge
ISBN: 0415478502
Category : Law
Languages : en
Pages : 299

Book Description
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.