Carl Schmitt’s philosophy of law
نویسندگان
چکیده
The paper presents a theoretical consideration of the basics philosophy law Carl Schmitt, famous German lawyer and thinker who is author quite controversial theory, which to this day will not cease intrigue professional researchers. work approaches Schmitt?s thought in an impartial way, conducts constructive dialogue with his theory state, i.e. law, acknowledging analytical results defining relationship between politics but also criticizing where it shows certain exaggerations. simultaneous research biography, trying show existential political reasons why he tried conform state totalitarian circumstances lived. finally evaluates value clear, descriptive logical way distinguished two levels legal thought, distinguishing very level constitution political-legal order not, real historical conditions, separate from - system positive norms itself. In addition discussing basic figures pays attention treatment particular legal-theoretical issues, such as issue emergency sovereignty.
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ژورنال
عنوان ژورنال: Theoria
سال: 2023
ISSN: ['1665-6415']
DOI: https://doi.org/10.2298/theo2301127c