Carl Schmitt on Law and Liberalism

£54.99

Carl Schmitt on Law and Liberalism

Methods, theory and philosophy of law Social and political philosophy

Author: Christopher Adair-Toteff

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Collection: Palgrave Studies in Classical Liberalism

Language: English

Published by: Palgrave Macmillan

Published on: 10th September 2020

Format: LCP-protected ePub

Size: 386 Kb

ISBN: 9783030571184


Overview

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.

Conclusion

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.

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