Carl Schmitt: Law as Politics, Ideology and Strategic Myth
- ISBN-10
- 0415478502
- ISBN-13
- 9780415478502
- Series
- Carl Schmitt
- Category
- Law
- Pages
- 299
- Language
- English
- Published
- 2012
- Publisher
- Routledge
- Author
- Michael Salter
Description
There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politicseeand social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitte(tm)s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversieseeeewithin contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms ofeelegal positivism; the relativeeee~indeterminacye(tm) of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale;eethe centrality of discretion and judicial law-making eewithin the legal process;eethe important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan ee'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberaleeconstitutionalism and liberalismeemore generallyeeas an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thoughteeand debates.
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