Carl Schmitt and Modern Law

Telos: Critical Theory of the Contemporary 1999 (116):153-164 (1999)
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Abstract

Apart from a few exceptions,1 studies of Carl Schmitt in English have not dealt with the legal and constitutional aspects of his work. William Scheuerman's book begins to fill this gap. His work is an important corrective to previous interpretations which, by disproportionally emphasizing the cultural and theological aspects of Schmitt's work, have neglected its central legal character, thus reducing one of the most influential jurists of the 20th century either to a right-wing cultural critic or to a dissatisfied crypto-theologian.2 Among other consequences, this neglect has contributed to disregarding themes that are pivotal to Schmitt's thinking.3 Scheuerman focuses on…

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