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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.
Book Synopsis Carl Schmitt's Early Legal-Theoretical Writings by : Carl Schmitt
Download or read book Carl Schmitt's Early Legal-Theoretical Writings written by Carl Schmitt and published by Cambridge University Press. This book was released on 2021-05-06 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Makes available in English Carl Schmitt's early legal-theoretical writings, the intellectual background of Schmitt's political and constitutional theory.
"Carl Schmitt and the Problem of the Realization of Law 1. The famous pithy aphorisms that Carl Schmitt used to open his major works - 'the sovereign is he who decides on the exception', 'the concept of the state presupposes the concept of the political', etc. - have become a part of the common discourse of contemporary scholarship on politics and the law. The theoretical framework that animates these slogans, however, has remained somewhat opaque. It has often been argued that there is no such framework, that Schmitt was a situational thinker whose works are best understood as interventions in concrete political debates that do not add up to a grand theoretical vision"--
Book Synopsis Carl Schmitt's Early Legal-theoretical Writings by : Carl Schmitt
Download or read book Carl Schmitt's Early Legal-theoretical Writings written by Carl Schmitt and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Carl Schmitt and the Problem of the Realization of Law 1. The famous pithy aphorisms that Carl Schmitt used to open his major works - 'the sovereign is he who decides on the exception', 'the concept of the state presupposes the concept of the political', etc. - have become a part of the common discourse of contemporary scholarship on politics and the law. The theoretical framework that animates these slogans, however, has remained somewhat opaque. It has often been argued that there is no such framework, that Schmitt was a situational thinker whose works are best understood as interventions in concrete political debates that do not add up to a grand theoretical vision"--
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.
Book Synopsis Comparative History and Legal Theory by : Jeffrey Seitzer
Download or read book Comparative History and Legal Theory written by Jeffrey Seitzer and published by Bloomsbury Publishing USA. This book was released on 2001-05-30 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Legal Theory of Carl Schmitt by : Mariano Croce
Download or read book The Legal Theory of Carl Schmitt written by Mariano Croce and published by Routledge. This book was released on 2013-10-11 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Articles previously published in the Canadian journal of law and jurisprudence.
Book Synopsis Law as Politics by : David Dyzenhaus
Download or read book Law as Politics written by David Dyzenhaus and published by Duke University Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Articles previously published in the Canadian journal of law and jurisprudence.
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.
Book Synopsis The Oxford Handbook of Carl Schmitt by : Jens Meierhenrich
Download or read book The Oxford Handbook of Carl Schmitt written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2016 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought (Joseph Schumpeter, Friedrich A. Hayek, and Hans Morgenthau) in the United States after 1945. Visit our website for sample chapters!
Book Synopsis Carl Schmitt by : William E. Scheuerman
Download or read book Carl Schmitt written by William E. Scheuerman and published by Rowman & Littlefield. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought (Joseph Schumpeter, Friedrich A. Hayek, and Hans Morgenthau) in the United States after 1945. Visit our website for sample chapters!
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.
Book Synopsis The End of Law by : William E. Scheuerman
Download or read book The End of Law written by William E. Scheuerman and published by Rowman & Littlefield. This book was released on 2019-10-18 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics and 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 Schmitt’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 controversies within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms of legal positivism; the relative ‘indeterminacy’ of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale; the centrality of discretion and judicial law-making within the legal process; the 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 'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberal constitutionalism and liberalism more generally as 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 thought and debates.
Book Synopsis Carl Schmitt by : Michael G. Salter
Download or read book Carl Schmitt written by Michael G. Salter and published by Routledge. This book was released on 2012-08-06 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics and 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 Schmitt’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 controversies within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms of legal positivism; the relative ‘indeterminacy’ of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale; the centrality of discretion and judicial law-making within the legal process; the 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 'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberal constitutionalism and liberalism more generally as 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 thought and debates.
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
Book Synopsis The Guardian of the Constitution by : Hans Kelsen
Download or read book The Guardian of the Constitution written by Hans Kelsen and published by Cambridge University Press. This book was released on 2015-02-19 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
