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Vol 21 No 11 Nov/Dec 2016

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Carl Schmitt: Law as Politics, Ideology and Strategic Myth


ISBN13: 9780415728232
Published: September 2013
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £34.99
Hardback edition , ISBN13 9780415478502



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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.

Subjects:
Jurisprudence
Contents:
Part 1: Introduction: Up Against Carl Schmitt
Chapter One: An Afterlife For Carl Schmitt?
Chapter Two: On Politics, Law And Ideology
Part 2: Introduction
Chapter Three: Mobilising Direct Political Action: Sorel, Myths And Counter-Myths
Chapter Four: Myths Of Parliamentarism
Chapter Five: Leviathan: A Political Myth Misfired?
Chapter Six: Hamlet As An Instructive Prototype Of A Political Myth?
Chapter Seven: Political Myths Underpinning Democracy
Conclusion
Bibliography
Index

Series: Nomikoi: Critical Legal Thinkers

Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City ISBN 9780415534154
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Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City (eBook) ISBN 9781134045884
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Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City ISBN 9780415459679
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£90.00
Carl Schmitt: Law as Politics, Ideology and Strategic Myth (eBook) ISBN 9781136452147
Published March 2012
Routledge-Cavendish
£29.16 + £5.83 VAT
(ePub)
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Carl Schmitt: Law as Politics, Ideology and Strategic Myth ISBN 9780415478502
Published March 2012
Routledge-Cavendish
£90.00
Jacques Derrida: Law as Absolute Hospitality ISBN 9780415612791
Published August 2011
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£90.00
Jacques Derrida: Law as Absolute Hospitality (eBook) ISBN 9781136675577
Published August 2011
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£29.16 + £5.83 VAT
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Niklas Luhmann: Law, Justice, Society ISBN 9780415685283
Published August 2011
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£30.00
Giorgio Agamben: Power, Law and the Uses of Criticism ISBN 9780415685894
Published July 2011
Routledge
£29.99
Giorgio Agamben: Power, Law and the Uses of Criticism ISBN 9780415440226
Published February 2010
Routledge
£95.00
Niklas Luhmann: Law, Justice, Society ISBN 9780415451086
Published August 2009
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£95.00
Niklas Luhmann: Law, Justice, Society (eBook) ISBN 9781135211271
Published August 2009
Glasshouse Press
£25.00 + £5.00 VAT
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Evgeny Pashukanis: A Critical Reappraisal ISBN 9781904385769
Published August 2007
Routledge-Cavendish
£105.00
Evgeny Pashukanis: A Critical Reappraisal ISBN 9781904385752
Published August 2007
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£38.99
Judith Butler: Ethics, Law, Politics ISBN 9780415420419
Published February 2007
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