Carl Schmitt: Law as Politics, Ideology and Strategic Myth (Nomikoi: Critical Legal Thinkers)

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Synopsis
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.
Copyright:
2012

Book Details

Book Quality:
Publisher Quality
Book Size:
312 Pages
ISBN-13:
9781136452147
Related ISBNs:
9780203125762, 9780415728232, 9780415478502
Publisher:
Taylor and Francis
Date of Addition:
Copyrighted By:
Michael G. Salter
Adult content:
No
Language:
English
Has Image Descriptions:
No
Categories:
History, Nonfiction, Law, Legal Issues and Ethics, Philosophy, Politics and Government
Submitted By:
Bookshare Staff
Usage Restrictions:
This is a copyrighted book.

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