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Vol 21 No 11 Nov/Dec 2016

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The Legal Theory of Carl Schmitt


ISBN13: 9780415683494
Published: September 2012
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781138780842



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The Legal Theory of Carl Schmitt provides a detailed analysis of this thinker, who was so crucial to the development of Western legal thought. Recently, Carl Schmitt has become a significant figure in debates about the relationship between law and politics, at both a national and a global level.

In spite of his prominence, however, Schmitt's legal thinking has received little specific attention. Here, Mariano Croce and Andrea Salvatore provide a thorough account of Schmitt's theoretical framework. Going beyond the usual, narrow, consideration of Schmitt's main themes - such as sovereignty, decisionism, political theology, and the friend/enemy distinction - this framework, they argue, is able to overcome the weaknesses of other legal theoretical and jurisprudential paradigms.

Subjects:
Jurisprudence
Contents:
Introduction

Part 1. Concepts: institutions, decision, concrete order
Chapter 1. The three souls of legal science
Chapter 2. Schmitt's way-out from decisionism
Chapter 3. The concrete order as the material fabric of law

Part 2. Oppositions: his "enemies" and "friends"
Chapter 4. Schmitt vs. Kelsen: positivism as a heteronymous, abstract and dangerous theory
Chapter 5. Schmitt vs. Hauriou: the tyranny of an individualistic concrete order
Chapter 6. Schmitt vs. Romano: the inconceivability of legal pluralism
Chapter 7. Schmitt vs. Mortati: concrete order or material constitution?

Part 3. Implications: past, present, future
Chapter 8. Is the state order an instance of concrete order?
Chapter 9. Is the post-state order an instance of concrete order?
Chapter 10. Rule of law vs. Concrete order.