The Legal Theory of Carl Schmitt provides a detailed analysis of
Schmitt s institutional theory of law, mainly developed in the
books published between the end of the 1920s and the beginning of
the 1930s. By reading Schmitt s overall work through the lens of
his institutional turn, the authors offer a strikingly different
interpretation of Schmitt s theory of politics, law and the
relation between these two domains. The book argues that Schmitt s
adhesion to legal institutionalism was a key theoretical
achievement, based on serious reconsideration of the main flaws of
his own decisionist paradigm, in the light of the French and
Italian institutional theories of law. In so doing, the authors
elucidate how Schmitt was able to unravel many of the impasses that
affected his previous conceptual framework. The authors also make
comparisons between Schmitt and other leading legal theorists (H.
Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the
current legal debate should take into serious account his
legacy.
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