Cart
Free US shipping over $10
Proud to be B-Corp

The Legal Theory of Carl Schmitt Mariano Croce

The Legal Theory of Carl Schmitt By Mariano Croce

The Legal Theory of Carl Schmitt by Mariano Croce


$254.09
Condition - New
Only 2 left

Summary

The Legal Theory of Carl Schmitt provides a detailed analysis of this thinker, who was so crucial to the development of Western legal thought.

The Legal Theory of Carl Schmitt Summary

The Legal Theory of Carl Schmitt by Mariano Croce

The Legal Theory of Carl Schmitt provides 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.

The Legal Theory of Carl Schmitt Reviews

"Carl Schmitt is the most influential but for political reasons also most controversial German political theorist of the twentieth century. His influence reaches far beyond national borders and the field of jurisprudence. The literature on his work is endless. By now the political implications, all the way to the political theology, as well as the historical and biographical context have come under increasing attention. Thus, this book is a healthy provocation, since the authors understand Schmitt primarily as a theoretician of law. The core of his theory contrary to the usual reduction on "decisionism" is seen in his institutionalism and his concept of the concrete order. The attempt to view Schmitts entire work through the lens of his institutional theory is a novelty. The authors move it this is an unconventional view into the proximity of H.L.A. Harts concept of legal standards."

Hasso Hofmann, Emeritus Professor of Constitutional Law and Legal Philosophy, Humboldt-Universitat, Berlin

"Carl Schmitt was many things over the course of his long life: political theorist, theologian, intellectual historian, international lawyer, polemicist, opportunist, villain, antisemite, Roman Catholic, Nazi. However, first and foremost, Schmitt was a constitutional jurist. With The Legal Theory of Carl Schmitt, Mariano Croce and Andrea Salvatore present to an English-speaking audience for the first time a comprehensive account of Schmitt legal thinking from across his entire brilliant and controversial career. The authors trace Schmitts jurisprudence from its early neo-Kantian origins to its fully developed concrete institutionalism. With clarity and sophistication they examine Schmitts basic concepts and outline the many debates he engaged in with other prominent Staatsrecht predecessors and contemporaries. A great achievement and invaluable resource."

John P. McCormick, Professor of Political Science, University of Chicago.

"Ours is an intellectual history and ideation understood through the prism of the emerging practices studied in historical institutionalism.Conceptual puzzles are provoked by the indelible and enduring trace of Schmitts legal institutionalism. The lens of Schmitts institutional turn provides a spur."

-Richard R. Weiner, The European Legacy

About Mariano Croce

Mariano Croce is Post-Doctoral Research Fellow at SOAS, University of London, and Adjunct Professor of Legal Philosophy at Sapienza University of Rome. His research includes legal theory, socio-legal studies, legal pluralism, political philosophy, democratic theory Andrea Salvatore is Research Fellow at Sapienza University of Rome. His research interests lie in the areas of political theory, international relations, history of ideas, and the philosophy of war and peace

Table of Contents

Part 1: Concepts: decision, institutions and concrete order 1. 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 debate 9. The impossibility of legal indeterminacy 10. The inconceivability of legal pluralism

Additional information

NPB9780415683494
9780415683494
0415683491
The Legal Theory of Carl Schmitt by Mariano Croce
New
Hardback
Taylor & Francis Ltd
2012-09-10
8
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - The Legal Theory of Carl Schmitt