Schmitt vs. Derrida: The Distinction between the Juridical and the Technical Rationality

Excerpt

1. Schmitt as a Jurist and the Technical Rationality Schmitt defines himself as a “jurist.” He says: “I have always spoken and written as a jurist, and hence also genuinely only for, and to, jurists.”1 This self-definition is corroborated in various passages.2 From the texts it may be gathered that Schmitt has an unusual conception of the law. The latter, as a way of understanding, is not restricted to the boundaries of a special discipline, understood according to the specialized manner in which subjects are commonly undertaken at universities.3 The law, that is, juridical rationality, instead appears as a fundamental…

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