File Name: carl schmitt legality and legitimacy .zip
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Schmitt wrote extensively about the effective wielding of political power. A conservative   theorist, he is noted as a critic of parliamentary democracy, liberalism, and cosmopolitanism,  and his work has been a major influence on subsequent political theory, legal theory, continental philosophy, and political theology , but its value and significance are controversial, mainly due to his intellectual support for and active involvement with Nazism. According to the Stanford Encyclopedia of Philosophy , "Schmitt was an acute observer and analyst of the weaknesses of liberal constitutionalism and liberal cosmopolitanism. But there can be little doubt that his preferred cure turned out to be infinitely worse than the disease. Schmitt was born in Plettenberg , Westphalia , German Empire.
Carl Schmitt — was a conservative German legal, constitutional, and political theorist. Schmitt is often considered to be one of the most important critics of liberalism, parliamentary democracy, and liberal cosmopolitanism. In , Schmitt published the first version of his most famous work, The Concept of the Political , defending the view that all true politics is based on the distinction between friend and enemy. During the political and constitutional crisis of the later Weimar Republic Schmitt published Legality and Legitimacy , a clear-sighted analysis of the breakdown of parliamentary government in Germany, as well as The Guardian of the Constitution , which argued that the president as the head of the executive, and not a constitutional court, ought to be recognized as the guardian of the constitution. Though Schmitt had not been a supporter of National Socialism before Hitler came to power, he sided with the Nazis after
This book investigates one of the oldest questions of legal philosophy —the relationship between law and legitimacy. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy o Kelsen is well-known as one of the main exponents of the philosophy of legal positivism.
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Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists.