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

Carl Schmitt Michael Salter (University of Western Sydney, Australia)

Carl Schmitt By Michael Salter (University of Western Sydney, Australia)

Summary

There has been and continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics. This book addresses 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.

Carl Schmitt Summary

Carl Schmitt: Law as Politics, Ideology and Strategic Myth by Michael Salter (University of Western Sydney, Australia)

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 Schmitts 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.

About Michael Salter (University of Western Sydney, Australia)

MichaelSalter has held academic posts at the Universities of Sheffield, Birmingham, Ulster, Lancaster and Central Lancashire. His previous books include Hegel and Law (ed., 1993), Nazi War Crimes, US Intelligence and Selective Prosecution at Nuremberg, (2007) and US Intelligence, the Holocaust and the Nuremberg Trials (2 vols. 2009)

Table of 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

Additional information

NPB9780415478502
9780415478502
0415478502
Carl Schmitt: Law as Politics, Ideology and Strategic Myth by Michael Salter (University of Western Sydney, Australia)
New
Hardback
Taylor & Francis Ltd
2012-03-22
312
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 - Carl Schmitt