The Legal Theory of Carl Schmitt

The Legal Theory of Carl Schmitt

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The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitta€™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 Schmitta€™s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitta€™s theory of politics, law and the relation between these two domains. The book argues that Schmitta€™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.In other words, can one really say that every social conduct is a potential candidate for legal selection? ... It is our claim that the answers to these questions are what really makes Schmitta#39;s and Kelsena#39;s ideas of law drift away. ... Legal theorists have to get rid of the myopic pureness fi of positivisms and to rethink their roles as trustworthy interpreters of the tradi- tion to which they belong and in which legalanbsp;...

Title:The Legal Theory of Carl Schmitt
Author:Mariano Croce, Andrea Salvatore
Publisher:Routledge - 2013-10-11


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