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Carl Schmitt - Law as Politics, Ideology and Strategic Myth (Paperback)
Loot Price: R1,689
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Carl Schmitt - Law as Politics, Ideology and Strategic Myth (Paperback)
Series: Nomikoi: Critical Legal Thinkers
Expected to ship within 9 - 15 working days
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There continues to be a remarkable revival in academic interest in
Carl Schmitt's thought within politics and 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 Schmitt'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
controversies within contemporary Anglo-American legal theory that
have emerged during the past three decades. These include: the
critique of liberal forms of legal positivism; the relative
'indeterminacy' of legal doctrine and the need for an explicitly
interpretative approach to its range of meanings, their scope and
policy rationale; the centrality of discretion and judicial
law-making within the legal process; the 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
'ideologies of humanity,' including the rhetoric of 'humanitarian
intervention'; and the limitations of liberal constitutionalism and
liberalism more generally as 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 thought and
debates.
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