The Legal Theory of Carl Schmitt [Hardcover]

TheLegal Theory of Carl Schmittprovides a detailed analysis of Schmitts institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitts overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitts theory of politics, law and the relation between these two domains. The book argues that Schmitts 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.

Part 1: Concepts: decision, institutions and concrete order1. The bumpy road to institutionalism: Schmitts way-out of decisionism 2. Exploring Schmitts institutionalism: institutions and normality 3. Institutionalist decisionism: law as the shelter of society 4. Institution and identity: reassessing Schmitts political theory Part 2: Oppositions: his enemies and friends 5. Schmitt vs. Kelsen: the social ontology of legal life 6. Schmitt vs. Hauriou: the politicization of institutionalism 7. Schmitt vs. Romano: institutionalism without pluralism? 8. Schmitt vs. Mortati: the concretization of the concrete order Part 3. Implications: Schmitts institutionalism and the current legal debate9. The impossibility of legal indeterminacy 10. The inconceivability of legal pluralism

Carl Schmitt is the most influential but for politicallCP