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Carl Schmitt's State and Constitutional Theory – A Critical Analysis | Oxford Scholarship Online
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Carl Schmitt's State and Constitutional Theory: A Critical Analysis

Benjamin A. Schupmann

Abstract

This book analyzes Carl Schmitt’s state and constitutional theory and shows how he conceived it in response to the Weimar crisis. Schmitt modeled his theory on past state theory, particularly Hobbes’ Leviathan. Schmitt sought to address the unique problems posed by mass democracy. Extremists recognized a path to legal revolution lay in the constitution’s combination of democratic procedures, total neutrality toward political goals, and positive law. To prevent the subversion of the state and civil war, Schmitt theorized ways to depoliticize conflicts and restore the state’s authority. He argue ... More

Keywords: Carl Schmitt, state, constitution, democracy, constrained democracy, rights, liberalism, dictatorship, the political, positivism

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780198791614
Published to Oxford Scholarship Online: January 2018 DOI:10.1093/oso/9780198791614.001.0001

Authors

Affiliations are at time of print publication.

Benjamin A. Schupmann, author
Postdoctoral Fellow, Department of Political Science, National University of Singapore