Carl Schmitt on law and liberalism
著者
書誌事項
Carl Schmitt on law and liberalism
（Palgrave studies in classical liberalism / series editors, David Hardwick, Leslie Marsh）
Palgrave Macmillan, c2020
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This book is an investigation into Carl Schmitt's critical thinking regarding the alleged deficiencies he identified in modern liberalism. Noted jurist, constitutional scholar, and a fierce critic of liberalism and pluralism, Schmitt mounted a sustained attack on the defects of the Weimar constitution between 1916 and 1934, contending that what Germany needed was a strong decisive leader to maintain political unity. This book provides a concise and clear explanation of Schmitt's disagreements with other constitutional scholars, from his time as a university graduate up until Hitler's rise to power. Although these disagreements were couched in legal terminology, they represented political criticisms that went directly to the heart of modern democracy, culminating in Schmitt's defence of the Reich against Prussia in the constitutional crisis of 1932.
The book concludes with a strenuous defence of modern liberalism in response to the Schmittian critique. Thus, this book is not just an exploration of Carl Schmitt's work, but a response to one of the harshest attacks on the modern liberal state, and a blueprint for a renewal of democracy, pluralism, and the rule of law.
目次
1. Carl Schmitt's Philosophy2. From Normal Justice to Exceptional Law: 1912-19193. Law, Politics, and Sovereignity: 1919-19234. Chaos Versus Dictator: 1923-1926 5. Politics or Law: 1927-19286. Constitutional Issues: 1928-1931
7. Constitutional Chaos and Political Turmoil: 1930-19328. Schmitt and the Recovery of Law and Liberalism
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