The Legal Theory Of Carl Schmitt PDF Download
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Author | : Mariano Croce |
Publisher | : Routledge |
Total Pages | : 248 |
Release | : 2013-10-11 |
Genre | : Law |
ISBN | : 1136220666 |
Download The Legal Theory of Carl Schmitt Book in PDF, ePub and Kindle
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 |
Total Pages | : 273 |
Release | : 2021-05-06 |
Genre | : Law |
ISBN | : 110849448X |
Download Carl Schmitt's Early Legal-Theoretical Writings Book in PDF, ePub and Kindle
Makes available in English Carl Schmitt's early legal-theoretical writings, the intellectual background of Schmitt's political and constitutional theory.
Author | : Matilda Arvidsson |
Publisher | : Routledge |
Total Pages | : 254 |
Release | : 2015-08-20 |
Genre | : Law |
ISBN | : 1317585585 |
Download The Contemporary Relevance of Carl Schmitt Book in PDF, ePub and Kindle
What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt’s writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt’s relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works – often with reference to both primary and secondary literature unavailable in English – this book will be of enormous interest to legal and political theorists.
Author | : David Dyzenhaus |
Publisher | : Duke University Press |
Total Pages | : 340 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780822322443 |
Download Law as Politics Book in PDF, ePub and Kindle
Articles previously published in the Canadian journal of law and jurisprudence.
Author | : Jeffrey Seitzer |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 190 |
Release | : 2001-05-30 |
Genre | : Political Science |
ISBN | : 0313000670 |
Download Comparative History and Legal Theory Book in PDF, ePub and Kindle
It is a commonplace of Schmitt scholarship that the controversial thinker sought to recapture some of the elan of the pre-Weimar state through his advocacy of effectively almost unlimited presidential government. Seitzer demonstrates how Schmitt believed comparative history itself could reinvigorate the ailing German state by subtly altering prevailing understandings of the relation of theory and practice in law and politics. Treating Schmitt's Constitutional Theory and Guardian of the Constitution as methodologically sophisticated comparative histories, Seitzer turns Schmitt's argument against itself. He shows how Schmitt's comparative histories, when properly executed, support a decentralized solution to the Republic's difficulties directly contrary to Schmitt's in terms of its purpose and effect. Problem-oriented, comparative-historical studies of key features of the Weimar system suggest that the dispersion of political power facilitates an institutional dialogue over constitutional principle and practice that better provides for political stability and democratic experimentation. These studies also suggest that linking forms of justification with institutions establishes a productive tension among norms and institutions that is essential to maintaining the viability of constitutional democracy, both in the short- and long-term. This work will be of considerable value to Schmitt scholars and those interested in German legal and political theory as well as those concerned with broad issues in comparative law and European history and political theory.
Author | : Michael Salter |
Publisher | : Routledge |
Total Pages | : 314 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0415478502 |
Download Carl Schmitt Book in PDF, ePub and Kindle
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 | : William E. Scheuerman |
Publisher | : Rowman & Littlefield |
Total Pages | : 358 |
Release | : 2019-10-18 |
Genre | : Philosophy |
ISBN | : 1786611562 |
Download The End of Law Book in PDF, ePub and Kindle
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.
Author | : Jens Meierhenrich |
Publisher | : Oxford University Press |
Total Pages | : 873 |
Release | : 2016 |
Genre | : Philosophy |
ISBN | : 0199916934 |
Download The Oxford Handbook of Carl Schmitt Book in PDF, ePub and Kindle
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. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid anti-semitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.
Author | : Benjamin Schupmann |
Publisher | : Oxford University Press |
Total Pages | : 232 |
Release | : 2017-11-17 |
Genre | : Law |
ISBN | : 0192509314 |
Download Carl Schmitt's State and Constitutional Theory Book in PDF, ePub and Kindle
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 | : Michael Marder |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 203 |
Release | : 2010-07-15 |
Genre | : Political Science |
ISBN | : 0826434088 |
Download Groundless Existence Book in PDF, ePub and Kindle
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.