Carl Schmitt S Institutional Theory
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Carl Schmitt S Institutional Theory
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Author : Mariano Croce
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-07
Carl Schmitt S Institutional Theory written by Mariano Croce and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-07 with Law categories.
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 Legal Theory Of Carl Schmitt
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Author : Mariano Croce
language : en
Publisher: Routledge
Release Date : 2013-10-11
The Legal Theory Of Carl Schmitt written by Mariano Croce and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-11 with Law categories.
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.
Comparative History And Legal Theory
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Author : Jeffrey Seitzer
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2001-05-30
Comparative History And Legal Theory written by Jeffrey Seitzer and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-30 with Political Science categories.
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.
Constitutional Theory
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Author : Carl Schmitt
language : en
Publisher: Duke University Press
Release Date : 2008-01-23
Constitutional Theory written by Carl Schmitt and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-23 with Law categories.
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.
The Oxford Handbook Of Carl Schmitt
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Author : Jens Meierhenrich
language : en
Publisher: Oxford University Press
Release Date : 2016
The Oxford Handbook Of Carl Schmitt written by Jens Meierhenrich and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Philosophy categories.
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.
Carl Schmitt
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Author : Michael Salter
language : en
Publisher: Routledge
Release Date : 2012
Carl Schmitt written by Michael Salter and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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 S Institutional Theory
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Author : Mariano Croce
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-07
Carl Schmitt S Institutional Theory written by Mariano Croce and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-07 with Law categories.
Offers an ambitious, novel view of Carl Schmitt, providing a comprehensive, unified account of his legal and political thinking.
The Politics Of Time Introduction To Carl Schmitt S Political Thought
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Author : Miguel Saralegui
language : en
Publisher: Ed. Universidad de Cantabria
Release Date : 2021-07-01
The Politics Of Time Introduction To Carl Schmitt S Political Thought written by Miguel Saralegui and has been published by Ed. Universidad de Cantabria this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Political Science categories.
Carl Schmitt is the last thinker to provide a complete, original definition of politics. His work influences many debates in contemporary political theory through a collection of concepts he created: political theology, the katechon, friend and enemy. Despite how influential his ideas are, they tend to be employed metaphorically, and sometimes incorrectly. This miscalculation is due to Carl Schmitt himself, who never gave us a final, complete version of his political thought, or even of some of his most famous concepts. In this book, I aim to reconstruct his political thought using three key concepts: political theology, the concept of the political, and the theory of modernity. To do so, I have consulted all his published works, but also the archival documents, in particular those with ties to Spain, which had previously received little attention. This reconstruction offers readers a qualitative introduction to Schmitt’s political thought that aims to blend logical clarity with document-based evidence.
Carl Schmitt
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Author : Joseph J. Bendersky
language : en
Publisher: Princeton University Press
Release Date : 2014-07-14
Carl Schmitt written by Joseph J. Bendersky and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-14 with Political Science categories.
Basing his work on the writings of Schmitt and his contemporaries, extensive new archival documentation, and parts of Schmitt's personal papers, Professor Bendersky uses Schmitt's public career as a framework for re-evaluating his contributions to political and legal theory. This book establishes that Schmitt's late Weimar writings were directed at preventing rather than encouraging the Nazi acquisition of power. Originally published in 1983. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Oxford Handbook Of Carl Schmitt
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Author : Jens Meierhenrich
language : en
Publisher: Oxford University Press
Release Date : 2016-12-13
The Oxford Handbook Of Carl Schmitt written by Jens Meierhenrich and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-13 with Philosophy categories.
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.