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Carl Schmitt's Institutional Theory

出版	Cambridge University Press, 2022-07-07
主題	Law / GeneralLaw / Jurisprudence
ISBN	13165113839781316511381
URL	http://books.google.com.hk/books?id=CtduEAAAQBAJ&hl=&source=gbs_api
EBook	SAMPLE

註釋"It is somewhat ironic that this book comes out in the centenary of Political Theology, first published in 1922. In the end, one of the main claims we shall make here is that Carl Schmitt's celebrated essay has been unduly overemphasised and that it formulated a theory of law and a conception of normality that he himself dismantled a few years after its publication. A related claim will be that interpretations that identify a connection between Political Theology and successive works such as The Concept of the Political (1928) and Constitutional Theory (1928) are wrong in at least one important respect: through those works, Schmitt tried to pull himself out of the quagmire in which he was bogged down in 1922, viz., the problematic conception that we shall dub "exceptionalist decisionism." But we shall have to go further. Works that are coeval with Political Theology, such as Dictatorship (1921) and Roman Catholicism and Political Form (1923), offer much leeway for criticising exceptionalist decisionism, either because the notions of exception and decision are thinner and more tenable (as is the case with Dictatorship), or because there is no room at all for any of them (as is the case with Roman Catholicism and Political Form). In sum, as a celebration of Political Theology, this book cuts a poor figure"--